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HomeMy WebLinkAboutCC PACKET 07131993 Meeting Sheet 11111 VIII 11111 VIII 11.11 VIII IIII IIII 103088 Box: 30 Folder: CC PACKETS 1990-1994 Document: CC PACKET 07131993 Staff Report Page 2 Recommendation Recommend to the City Council the approval of the conditional use permit request based on the following conditions: (1) Parking lot must be striped for 23 'spaces. (2) . - Curbs must-be installed in areas specified on drawing. The curbs must be insurmountable and be of cement. (3) If canopy is installed, lighting must shine down. (4) If the proposed addition is built in the future, the lot must be subdivided into one parcel. (5) Cannot have an inoperable motor vehicle outside on the property for period greater than 14 days. (6) Change address from a 27th Avenue address-to a Kenzie Terrace address. (7) A signed development agreement with the City of St. Anthony. St.Anthony- July 7, 1993 New Brighton ISD 282 3303-33rd Avenue NE Thomas Burt,City Manager St.Anthony,MIN 55418 St.Anthony City Offices 782-1000 3300 Silver Lake Rd Warren J.Rolek, St.Anthony,MN 55418 Superintendent Dear.Tom, Last week I discussed with you the School District's interest in placing a portable classroom on the Wilshire Park Elementary site. It now appears we will move forward with this action for the 1993-94 school year. In a recent discussion with Larry Hamer he mentioned that such a decision must be shared with the Planning Commission and City Council prior to the physical placement of a portable. Obviously we wish to follow whatever regulations the City may have in order to meet applicable codes. We have no intention of adding plumbing to the unit,as it will be used in a casual way and not as a formal classroom. The intent is to use it for small group and/or one-on-one pull-out instruction. We will however,need appropriate electrical service. I need to know the procedure we must follow in order to place the portable unit on site, hopefully by August 1. Please let me know if there are specific applications that need to be made,or if this letter would suffice. Sincerely, I Warren Rolek, Superintendent WJF/cl cc: Dr.David Abrahamson "Someplace Special" • CITY OF ST. ANTHONY CITY COUNCIL AGENDA JULY 13, 1993 7:00 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF JULY 13, 1993 COUNCIL AGENDA. IV. APPROVAL OF JUNE 22, 1993 COUNCIL MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. Norman A. Johnson - $12,410.45. B. Maier Stewart & Associates: 1 . $517.00. 2. $4,933.37. 3. $743.02. 4. $4,554.12. C. Hance & LeVahn: 1 . $2,400.00. 2. $2,400.00. D. F. M. Frattalone, Inc. - $54,881 .33. E. Gridor Construction, Inc. - $63,151 .17. F. Verified. VII. REPORTS. A. Planning Commission - June 15, 1993. 1 . First Bank, 3928 Silver Lake Road, sign variance request. 2. Tan Me, Apache Plaza, conditional use permit. 3. Unocal, Inc. - 2812 - 27th Avenue N.E.: a. Conditional use permit b. Setback variance request. B. City Council. . 1 . Appoint new Planning Commission member. 2. Proclamation declaring "National Night Out." City Council Agenda July 13, 1993 C. City Manager. VIII. PUBLIC HEARINGS - None. IX. NEW BUSINESS. A. Resolution 93-039, re: Sale of general obligation improvement bonds for 1993 street improvements. B. Change Order #2 for water system improvements. C. Resolution 93-040, re: Development Agreement with Unocal. X. UNFINISHED BUSINESS. A. Ordinance 1993-007, re: Business identification signs (3rd reading). B. Ordinance 1993-008, re: Rezoning for property on Silver Lake Road • (3rd reading). XI. ADJOURNMENT. • CITY OF ST . ANTHONY 3 REGULAR COUNCIL MEETING 4 5 JUNE 22 , 1993 6 7 1 . CALL TO ORDER a 9 The meeting was called to order at 7 : 00 p .m. and the Pledge of 10 Allegiance was led by Mayor Ranallo. 11 12- 2 . ROLL CALL 13 14 Council Present : Mayor Ranallo and Councilmembers Marks , 15 Enrooth , Fleming and Wagner . 16 77 Staff Present : City Manager Burt and Management Assistant to Urbia 19 20 3 . APPFCO AL OF AGFNDA FC1R THE JUNE 22 , 1993 COUNCII. MEETING 21 22 Nina ion by Wagner , second by Enrooth to approve the agenda fccr 23 the June 22 , 1993 Council Meeting with the two additions to 24 tl,e Nanacer ' s Repur. t . The additions are an update on the Oak 25 Grove Landfill Suit and a status report on Apache Plaza , specifically regarding the Cub Store . 28 Motion carried unanimously 2 10 31 4 . APPRi- AL OF jI.jN o , 1993 Ct-)U :CIL MEETING MINUTES 33 Motion by Marks , second by Enrooth to approve the minutes of 34 the June a , 1993 Council Meeting with the following 3.5 corrections : 36 37 page 9, line 24 : Insert between "will " and "changes" the word 36 "make" 39 page' 12 , line 28,: ' Correct . the " 30th" to the " 15th" 40 41 Motion carried unanimously 42 43 5 . LICENSES/PERMITS/PETITIONS 44 45 Motion by Wagner , second by Fleming to approve the following 46 license/permit applications : 47 46 Contractor ' s License 49 Greg Gillis Exteriors , Columbia Heights , Mn . 50 • i REGULAR COUNCIL MEETING 2 JUNE 22 , 1993 3 PAGE 2 4 5 6 Heatina Licenses 7 Cronstrom' s Heating and A/C, St . Louis Park , Mn . 8 Rollins Heating and Air Conditioning, Roseville , Mn . 9 Maple Grove Heating and Air Conditioning , Osseo, Mn . 10 EAH Schmidt & Associates , .New Hope , Mn . it Standard Heating and Air Conditioning , Minneapolis , Mn . 12 Brady Mechanical Services , Inc . , Little Canada , Mn . 13 Air Conditioning Associates , Inc . , St . Paul , Mn . 14 Sedgwick Heating and Air Conditioning, Minneapolis , Mn . i5 Home Energy Center , Plymouth , Mn . 16 Centraire Inc . , Eden Prairie, Mn . ; 7 Royalton Heating & ' Air Conditioning, Brooklyn Par Y. , Mn . i3 FFichmor:d & Sans Electric , Crystal , Mn . i9 Owens Services Corporation , Rloomington , Mn . 20 Superior Contractors , Inc . , Crystal*, Mn . 21 Dependable indoor Air Qua Iit.y , Inc . , Coon Rapids , N,n . 2 2 Fred Vocr t & Comtlany ,, St . L(-)u is Par k , N:n . �3 Yale Ir,corF,c,rateri , Bloomington , Mn . 24 Ray N. Welter Heating , Minneapolis , Mn . 25 Market ME�chanicF: l , Refrigeration , AIC. & Heating , Plymouth , Mn . ;;6 Minneqr,sco, Inc- . , Minneapol is . Mn . • 77 Ai 1 Season Comfort , Ins- . , New Brighton . Mn . 28 F.nviron-Con , Inc . , St . Claud , Mn . 29 3i, Mrtion car Yied unanimauslvv 31 32 Temporary 3 . 2 Beer Fermi t 33 34 Motion by Fleming , second by Enrooth to approve the temporary 35 3 . 2 licenses far M. Robarge for use on July 15, 1993 in 36 Central Park and for Chester Mischa for use on July 4 , 1993 37 in Central Park . 38 39 Roll call : Enrooth , Fleming , Wagner, Ranallo - aye 40 Marks - nay 41 42 Motion carries 43 44 Multiple Dwellina License 45 46 Motion by Marks second by Enrooth to approve the multiple 47 dwelling license application for forty-five units at the 48 Walker on Kenzie . 49 50 Motion carried unanimously • 40 REGULAR COUNCIL MEETING jUNE 221 , 1993 3 PAGE 3 4 5 6 6 . PRESENTATION OF CLAIMS 7 8 Motion by Marks , second by Enrooth to approve the following 9 claims : 10 it A. American Bank 12 Payment - in the amount of $5 , 316 . 25 to the American Bank i3 for interest on general obligation bonds . 14 15 B. Hennepin County 16 Payment in the amount of $24 , 039 . 05 to- Hen_r.epin County 17 for services rendered by the County Assessor . 18 i9 7'11e Ci i.., Manager adviser' this was the agreed upon amot1nt 20 anc these is a slight increase in the service fee every 21 year . 2,.. 23 ,',t'V.;,hn 1.AL-: F l rlii 24 Payment in 1"ne �:mc.unt o_' s`• 2 , 400 to Hance & LeVahn Law ' S F; rm for 1 eya 1 4Fry i cF s rendered for the month r)f ur►e . is1993, re! at ive t c, St . Antl►o iy proGecut ic_)n . 28 D. Dorsey & W� i tneyL L:w__F_ir-r _ i9 Payment in the amount of $7 , 187 . 60 to Dorsey & Whi tney ?C Law Fi r m f c=r I ecia I sery i ces rendered t hrouo_h May 31 , 199_'. � 1 for various matters . ?2 33 E. Gridor Construction 34 Payment in the aI11r:U1•►t of $78 , 689 . 36 to Gridor 35 Construction . This firm completed some of the work on the 36 pump for the water system improvement project . Payment 37 was recommended by Maier Stewart & Associates al,d the ,o Ci ty is completely reimbursed by the federal government . J9 . 40 F. Verified CIaims 47 Payment of the three pages of verified claims as 42 submitted by the City ' s Finance Director . 43 44 Motion carried unanimously 45 46 7 . REPORTS 47 48 A. Council Reports 49 50 1 . Report of Counciimember Wacner. • I REGULAR COUNCIL MEETING 2 JUNE 22 , 1993 3 PAGE 4 4 5 6 Councilmember Wagner was in receipt of a letter from the 7 Zurah Onion Committee . The Committee thanked the City 6 Council for allowing the use of the Stonehouse parking 9 lot as a site for selling their onions . He noted this has 10 been a very profitable site in the past . The profits 11 realized from this venture will be distributed between 12 the Children ' s Hospital and the Zurah Patrol and Band . i3 The Patrol and Band support the purchase of customized 14 wheelchairs . 15 16 Councilmember Wagner attended the most -recent League of 17 Minnesota Cities ' conference in St . Cloud . He felt it war 16 fairly good , well run and the facilities were accepta:,le . 19 He will report further on this conference at the 20 Council ' s ney:t work session . 21 22 St . Anthony was the forty-third city to join the League 23, of Minnesota Cities . 24 2; 2 . Report of Councilniembr Fleming 26 0 2.7 Councilmember Fleming a t t er:ded the Community Services ,6 meet ing at the Middle School on June 15th . Recent 29 legisiat ior, wi 1.1 rtLAuce the fu-nding available for the ;0 Community Services p:•.:)grail;: REG,_i1,AF COUNCIL MEETING 2 jUNE 22 , 1993 3 PAGE 5 4 5 F Dave Childs , New Brighton City Manager , presented the 7 opti.ons for the Bureau to locate in the proposed New 8 Brighton Family Center . The pros and the cons of this 9 location were considered . 30 it Councilmember Fleming . stated her opposition to this 12 relocation because of the potential for controversy . . A 13 dec-ision will be made in the near future as New Brighton 14 wants to get started with the project . l5 - 16 The Bureau served 115 St . Anthony residents in 199?. with 17 72 of those services being for youth employment . i9 Cour,c. i 1'member F1 em n at tended a meet ing sponsored by t Ise 20 cities of Maplewood , Falcon, Heights , Roseville and New 21 Brighton . The topic of the meeting was "why Cities Need 22 Hunan Rights Commissions . " She rioted that St . Anthr)ny was 23 listed as having a Human Rights Commission but this 24 appeared to be an error . She feels it is appropriate to organize this type of 7 commission Lefore the need arises . She felt the agi :--g 2F, population should be a concern in St . Anthony esper_. i a] l y � 9 retarding discrimination . 31 Counci ]men-ii:ier Fleming was appointed to the Suburban 32 Adolescent Health Task Force by Hennepin County =3 Conunissioner Keefe . The Commission is charged with 34 formulating recommendations for a course of action to 35 enhance the health and well being of suburban 3f adolescents . This action should promote healthier 37 lifestyles and access to proper health services . - Vie 38 recommer,dat ions are expected by October i st . She observed 39 that drug use' has dropped dramatically since the DARE 40 Program has become a reality. The level of sexual 41 activity appears to have- remained the same. 42 43 Councilmember Fleming attend the June 21st meeting of the 44 St . Anthony - New Brighton School District Task Force. 45 This task force is to address space issues for the 45 Wilshire Park School and the Community Services Program. 47 It ' s final report is due by September 28th . Each member 4;; of the task force was given a list of options from which 49 to choose a special interest . 50 • I REGULAR COUNCIL MEETING • 2 JUNE 22 , 1993 3 PAGE 6 4 5 Councilmember Fleming referred to an article which spoke 6 to a bill being sponsored by Senator Kempthorne relative 7 to who pays the costs associated with federal mandates or 8 federal regulations . Senator Kempthorne, who also served 9 as Mayor of an Idaho city, believes the federal 10 government should reimburse states , cities and counties 11 for costs borne_ by them to comply with federal 12 requirements . 33 14 Mayor Ranallo stated that the National League of Cities 15 and the League of Minnesota Cities support this concept 16 and have requested no new legislation without funding . 17 The Association of Metropolitan Municipalities also has 18 a policy similar to these two organizations on this 39 subject . 20 23 Staff was requested to send a letter supporting the 22 position of Senator Kempthorne to Minnesota ' s two 23 senators asking their support or co-authorship . 24 25 3 . Reuort of Councilmember Marks 26 • 27 Counci lm-r-m'her Marks felt the visit from the residents of 28 Sale, Finland was very successful and he thanked all 29 members of the Council for their participation . 30 31 Councilmember Harks ' parents recently celebrated their. 32 sixtieth wedding anniversary . ,4 4 . Report of Councilmember Fnrooth ?6 �:�n June ] 4th , Counci 3,uember Enrooth and Councilmember 37 Wagner participated in a, ribbon cutting at the Fen2ington 38 for the -'Resolution Trust Corporation . This activity 39 initiated ,the sale of the housing units in the 40 development . Sixty five of the 145 units will be 41 available for sale . They will be selling for between 42 $35 , 000 and $47 , 000 . Councilmember Enrooth felt the 43 development has been very well maintained and the units 44 are very desirable. Existing tenants will be encouraged 45 to purchase if they are currently renting. Creative 46 financing will be available. 47 48 This development is the first one in the country of the 49 ..repossessed" projects of the RTC to be sold on the open 50 market . • REGULAR COUNCIL MEETING 2 JUNE 22 . 1993 3 PAGE 7 4 5 6 The Mayor advised that as of last evening twelve of the 7 units have been sold . He also noted that on July 17.th 6 federal government representatives will becoming to view 9 this project . HUD Director Cisneros and former Mayor 10 Latimer , who is currently serving in HUD, have been I1 invited as has Vice President Gore . This sale is a joint 12 effort of Burnet Realty , the Towle Company and I3 Progressive Federal Auction . 14 15 Counci Imember Enrooth stated. there was a_ $423 loss on the i6 recent Clean-up Day . He noted there was a need to rent •a 17 trailer which could have added to the overhead costs . ) o Also , there was eori iderable brush disposed - of at the 1 a C) can-un day . Th i s ma± Ni i a ) rc-q i i res a grey t dea 1 of 20 space . 1 22 ? F 1'ic. I surc�,F­teO That a chipper be on-site 23 Us­ci d::rir�r.: t::e Clea-.-u: Day . The City Manager nc:ted 24 c.i-:n l,e done but the cl: ipq must s i i ) t— disposed of Wh, c': is quite costly . i•e City Naaager h=is 1:c-en advisee' when another CieFion 28 Day is c::F :, iNa t}:? t7r)r:trol Acency mint f,e 29 )'i1 i . reneri' ] ng ha7E-r i s Ai - :: , `}:r: t:i t y �`:<i;iaJ�1 itPi e" t.'IFrF was no tax m'J:IE'_ fc- this a­::tivi4, y b t it t,'as �iil finances' frc)nI ^ ^ f untie, . 3 34 5 . F._por t of Mayor Rana I i o 3S 35 Mayor Rana . ) c) gave_ ii.i :- "State of the City" address at the 37 recent Charll,er of Commerce meet i ng . There were many i ri 38 attendance and very interesting questions were asked . ^ ^ 40 B. Report of the City Manager 41 - - 42 1 . Reauest � for Drive-In Church 43 44 Glen SeefeIt , pastor of a local church, sent a letter . 45 requesting the use of the parking lot at the Stonehouse 46 for a drive-in church service . This request is for a 47 specific Sunday, but there is consideration being given 48 for a long term arrangement . The service will kick off 49 the "Kids At Risk" project and last for about an hour . 50 i REGULAR COUNCIL MEETING 2 JUNE 22 , 1993 3 PAGE 6 4 5 6 The City Manager felt this should be revaluated if it is 7 intended to continue for a long time . 9 2 . Early Retirement Incentive 10 11. . Four - or . five - City "employees would be eligible to take 12 early retirement . This is not available for police and la fire department employees . Two options have been made 14 available in the early retirement program. One option 15 would be cost free to. the City and the second would 16 involve costs for health care . The City Manager will 37 include t h i s item on the agenda for the next Council wc,k 16 session . 19 20 3 . Funds f(7)y- Miss Teen of Ar!erica Contest 21 22 At t'he last Counc: , meeting Ms . Sarah Nelson had requested a contribution from the City to support her 24 candidacy in the Miss Teen of America Contest . 25 26 The City Manager s.:111r.;-it an opinion from the City Attorney • 27 regarding the legality and ethics of using tax doll ! P-rs 2E for this pur,.+,Dse - The opinion of the City Attorney lF{t 119 the matter to Council discretion . 3�, 3i i;i scussiO.n :gin t -�e mat ter conrlu ed that a contribut i ,:,n 32 would be made at tl•: is tilr,F' which would come from the 33 Collnr; 1 Cent ingency Fund. It was {ell this shculd to 34 discussed and a policy position s'-iould be formulate: on 35 th?se tviie's of 36 37 M.- ion 1)v warner , second.. by Ranal to to contrii,ute $50 . 0% 38 tc: N,s . Sarah Nelson to be used for .expenses involved with =9 }per. participation in the Miss Teen of America Contest . 40 41 Motion carried unanimously 42 43 4 . Setback Variance Reguest - Saraa, 3259 Stinson 44 Boulevard 45 46 This request was made previously and the Planning 47 Commission recommended that it be denied by the City 48 Council . 49 50 i 0 REGULAR COUNCIL MEETING 2 JUNE 22 , 1993 3 PAGE 9 4 5 6 7 It was tabled at the June 8th Council Meeting so the City 8 Attorney could be contacted regarding the grounds on 9 which it could be approved . 10 11 Motion by Fleming, second by Rana llo to bring the setback 12 variance request of Mr . Sarna for 3259 Stinson Boulevard 11 to the table for consideration . 14 15 i6 Motion carried unanimously ] 7 19 The variance is being requested to locate a canopy over 20 the gas pumps presently on the property . The City 21 Attorney felt the lot size was' a potential hardship as 22 the cast to move the pumps would be prohibitive . He also 23 mentioned that to be comparable to the competition , a 24 canopy is a necessity and a standard operating practice due to the prevalence of self service stations . Mat inn by Fleming ? se::,nd by Wagner to approve the 28 variance request for a canopy at the Stop-N-Shop located 29 at 3259 Stinson Boulevard . 30 3i CounciImemher Marks nc)' ed that this variance approval 2 wi l 1 set a precedent if gas pumps are already installer? . 33 The City lranager stater', this is: correct . CouncilMember 34 Enrooth observed there w l l be no signage on this canopy . 3 36 37 Notion carried unanimousl � -38 ;9 40 5 . .Lauderdale Policing 41 42 The contract to supply police services to the City of 43 Lauderdale is presently being reviewed by the City 44 Attorney . It was drafted by Lauderdale staff and 45 discussed by representatives of both cities . The bid for 46 sixteen hours of service each day was $158 ,-000 . The 47 contract will commence on the first of the year with full 48 service being in place by March. 49 50 • I REGULAR COUNCIL MEETING • 2 JUNE 22 . 1993 3 PAGE 10 4 5 6 The City Manager reviewed all of the benefits St . Anthony 7 will receive from this arrangement . Hennepin and Ramsey 8 County will be receiving the communications . There will 9 be an extra person available on the force whose services 10 can be used to cover when there is a shortage in the 11 department due to illness or vacation . 12 13 The potential for a promotion of a police officer is a 14 _ consideration as there will be a position for a "shift 15 leader. " included in this package . 16 17 The Mayor questioned if there will be a CS(-- as well as a 18 police officer hired . The City Manager responded that the 19 Police Chief is reviewing how the services of a CSO are 20 being utilitized. in other municipalties . 21 22 This contract will not decrease the level of service 23 provided in St . Anthony . There wi11 be mutual aid 24 agreements with Roseville and St . Paul . It was also noted 25 that the City of Falcon F?eic3hts may be interested in the • 26 same type of arrangement for police service from St . 27 Anthony in the future . 28 29 6 . Concrete Sidewalk Aiona the South Side of 37th AvFnup 30 31 Residents on the south side of 37th Avenue have requested 32 sidwalk be installed . 33 34 The City Manager requested that Maier Stewart & 3-c Associates prepare cost estimates for a sidewalk project 36 on Loth the south side of 37th Avenue as well as on the 37 north sine . 38 39 The City Maiiager noted that all of the utilities in this 40 area are located on the south side and that the costs 41 would be tripled if the sidewalk were put in there . He 42 felt it would not be possible with the location of the 43 watermain in that area . He will send a letter to 44 residents on the south side of 37th Avenue explaining the 45 situation . 46 47 Mayor Ranallo requested the City Manager to get the costs 48 for placing sidewalk on the south side . He also noted 49 that there would be icy conditions on a south side 50 sidewalk which would be dangerous . • REGULAR COUNCIL MEETING 2 JUNE 22 , 1993 3 PAGE ii 4 5 6 Councilmember Enrooth , referring to the cost which would 7 be paid by State Aid funds for this sidewalk project , 2 inquired if any other potential projects would not be 9 funded if this one were . � The City Manager stated there 1C, were enough funds to cover this project as well as iI others . i2 13 14 7 . Apache Plaza Update 15 16 There is a meeting: scheduled for Thursday . 3une 24t1! 17 regarding the progress of the CUE Store project at Apache IF Plaza . The City Manager anticipates there will he , i*,e 19 "har " r, ::nbers available at - that meeting for t } ° 2r, d-=;vrIC:r IT!-nt c-)sts . ',ulcer vaIu ha-;; indIcat _d it is sti : - 21 pJann_ ng fog a;: 68 , t^:00 square fc,c:t store . 22 2? Appic)xjmatt-.i _ twi, n,;.gitlis r.go t-e City Manac,7r spnt 24 let te., tc, Der;n' s rep!-:-s°11' t l�'e Of th C . C . Rei 11 �� Cljic;ily who o%,.- is Apc i.•ti'•? PJ aZc' S1:c,ppi ng c-�•nt el .-.C. l rd i r,g roue}: des i ,ns of letter" rcc•ues ± gin . r;fc:.-:r;a' � r.r, recta 2? t'r:e je[*t , .--•-. i ..., ocatic•r, of tr;e 'r:ricinr, F:_)rus . f. . r:"I Fllan-s fc,r constrict i .?ri an C' ass(:dated costs ar,cl t.h 9 t'eta is c the ocation r'i �:ns for current tenants . '�C• has yet been rec°_: '. eO 3 ' Staff clid not a, Ieac�e for the new 1igi:k r stnrF 3 3 Also, Ivpw� Mai e' wi 1 J be rem:?del i.r,g its store at its 34 present Iocation . They feel they will he doing 3', t here If or same t i :,ze and would recc:ver any cos t 4 associated wi c1'; a rem: ciei frig project . 3, ;. The City` Mhrfar.er plans to attend the next Apache 39 Merchants Association meeting with Councilmember Wagner . 40 41 42 8 . Oak Grove Landfill 43 44 $15, 000 was paid for the St . Anthony . share of the 45 landfill clean-up costs for the Oak Grove Landfill . The 46 City Manager advised there was no opportunity to 47 negotiate this amount with the Landfill Trust . other 46 cities negotiated the payment time but were not able to 49 negotiate the dollar amount . There will be ongloing SO meetings with the LandfiJJ Trust . i I REGULAR COUNCIL MEETING 2 JUNE 22 , 1993 3 PAGE 12 4 ' 5 A recent article in the Minneapolis paper noted that the 6 Pollution Control Agency has identified another problem 7 landfill located in East Bethel . The City Manager is 8 aware that St . Anthony has contributed to this landfill 9 _ as wel l . A letter was, received from the PCA regarding the 30 City ' s participation in dumping material into the 11 landfill . It is anticipated that the bill resulting from 12 this clean-up won ' t -come for another year 'or two . 13 14 Another problem landfill site has been identified . The 15 City Manager advised that no St . Anthony residents or 16 businesses have used this landfill . 17 18 15 S . PUBLIC HEARINGS 20 21 There were no pub is heari1- gs 22 23 24 9 . NEW BUSINESS L 5 26 A. CI,an,oe- (7,rc!er #2 far P7.:m:-) JH o:ise 27 2n T}�� Clt }' Mal;ager ati`Ji �ed t } �-t ias` weelk the City experienced �9 no water service fc,r two hC.Mrs . Forie electrical work bein 3 dc),je interrupted t }:r- se-, vice- Ne.) resire:;t ca: ls were received . 31 32 Mc-)t icon by Marks , second by Enrooth to approve Change Order #' 33 in the amount of $943 . 84 for repair to the .pump house. ;4 :6 Motion carried unanimously 37 J8 39 10 . UNFINISHED BUSINESS 40 41 A. Ordinance No. 1993-004 , Re: Severance Pay 42 43 Motion by Marks , second by Enrooth to approve the third 44 reading and passage of Ordinance No. 1993-004 being an 45 ordinance relating to severence pay; amending Section 300 . 10 46 of the 1993 St . Anthony Code of Ordinances . 47 46 99 Motion carried unanimous] - 50 REGliLAR COUNCIL MEETING 2 JUNE 22 , 1993 3 PAGE 13 4 5 6 B. Ordinance No . 1993-005, Re : Licensing Fees 7 8 Motion by Marks , second by Enrooth to approve the third 9 reading and passage of Ordinance No. 1993-005 being an i0 ordinance relating to licensing fees ; amending Section 615 . 06 ' 11 of the 1993 St . Anthony Code . of Ordinances . 12 13 Motion carried unanimously - 14 1 � C. Ordinance. No . 199: -nn6 , Re : Parking During Snow Removal 17 15 Motion by Marie , second by Enrooth to approve the third ' q reading ar,d passage of 01-dincr,ce No . 1993-006 being an 20 .:,r0 i :lance relating to parking d-jr i -ng snc%w rem-�va 1 ; amending 2i Section 920 . 07 of the- 1993 St . Anthony Code of Ordinances . 22 23 Moti.c;r; carries- unanimou:ly 24 Fe fRenIa!_e:T:ent of Susi_ -':: 2; (1 entificatic,n Signs - - a:D 29 _ ' , l,e City t y Ma:,r�::r. a.:v i sr.,' :x{ 1 s orc? i .:.�nCe wa= ��� scup:-� ?1 ti;a Planning ��,,r:mission 1t was their pc,si ` ion that Fassa� r f ; ; this r,2i? il1c ::('f W' il . .? lr✓ ti;_ inrul .:Yf the. . fanning %­,.,,;1 �`- X17 ;2 out of the piocess . They w:_,;:ld like to disc::ss this rr.cttel' f;:rther . 34 !r'r t li,n by M,,rks , Seno,,t3 i;y r lr.m; r,g to approve th, see-'flc. ?n reading of Ordinance No. 1993-O07 being an ordinance relating 3% to siii1,5 , amending Section 1400 . 08 to acid the of 38 -business identification sig:',s . 39 40 Motion carried unanimously 41 42 E. Ordinance No. 1993-008 , Re: Rezoning of Properties --on 43 Silver Lake Road , South of 39th Avenue 44 45 Motion by Wagner, second by Fleming to approve the second 46 reading of Ordinance No. 1993-008 being an ordinance relating 47 to zoning , rezoning certain property from residential to 4o commercial . 49 S� Motion carried unanim_u�ly i REGULAR COUNCIL MEETI NG jUNE 22 , 1993 PAGE 14 4 5 6 7 11 . ADJOURNMENT a 9 Motion by Marks , second by Fleming to adjourn the meeting at 10 8 : 30 p.m. 11 12 Motion carried unanimously 13 14 35 Respectfully submitted , 16 � • j7 i8 it.-Anne student , Covric21 Secretary 19 �G 2i 22 �4 ATTEST: 2', City Clerk o 29 r, 3i 33 34 35 • 36 37 }c 39 40 41 42 43 44 45 46 47 42 49 C e 1 n 11 3ill e DATE: July 7, 1993 APPROVAL: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Council Approval Contractors License: DMJ Corporation, Hamel, MN Signart, Mendota Heights, MN Heating License: St. Marie Sheet Metal, Inc., Spring Lake Park, MN ; Garbage Haulers: Walter's Rubbish, Inc., Blaine, MN Temporary 3.2 Beer Permits: Bill A. Pawlyshyn/July 7, 1993/Central Park i, 1 i 1 CITY' OF ST A.NTH01-Y DEPARTMENT OF LICENSING Date: The following is an application for use of 3.2 beer in City Parks. FULL NAME OF APPLICANT: b i L(- 4, &AJ(_t[_THV^) (Must. work in St. Anthony or( ve St. Anthony) ADDRESS. Z 5-0 -S-—L 4 ti TN G ti � A AGE: 3 I certify that I am a resident of St. Anthony or work in the City. I am esponsible for conduct f his/her group. .Z Signature of Applica NAME OF GROUP:s( Av'rrr�tiv i61M c c.�SS Re�,�';"� # IN GROUP: 6 a - a'-�_ LOCATION- DATE: fh•R3 HOURS: 2 9/'t TELEPHONE#: 6 L –72 t-3F3;L $50.00 CLEAN-UP DEPOSIT. (You are responsible for Park Clean-up, the deposit will be returned after inspection of the Park) RECEIVED BY: 1 RETURNED: INDEPENDENT SCHOOL DISTRICT NO. 282 Community Services Department 3301 Silver Lake Rd • St. Anthony, MN 55418 • Phone: 781-5021 Facilities Reservation Form Permit No. Name i Home Phone Bus. Phone Address ' �- Today's Date Name of Group or Organization CL -- Intended Use Date(s) wante LL� Day(s) Su M T W Th F Sa`% (circle) Building: High School Auditorium Community Center Cafeteria Wilshire Park Elem. School Classroom(s) # Other Gymnasium (If High School, circle one: LARGE SMALL ) _•� Kitchen ice... _ Other. Doors to open am pm Expected attendance: Activity begins am pm Admission: Free Charge Activity ends am pm Will merchandise be sold? s Special arrangements needed (chairs, cooks. AV equipment, etc.): I hereby certify that I am an agent of the above named group or organization and am authorized to accept in their name the responsibility for observance of the rules and regulations of the Board of Education, Independent School District#282.As a group or organizational agent,I will attend this function,and I will be solely responsible for giving any and all Instructions to the custodians or other support personnel.Presentation of this permit to the custodian on duty Is necessary for admittance for the initial date. In accepting this arrangement, rentee agrees to hold harmless I.S.D. 282 and its representatives from all claims incurred in use of the facility.Rentee waives all rights and claims for , potential damages incurred in this rental arrangement. /1 (signature of responsible person) Bill to: (name) (address) - ----------------------------------------------FOR OFFICE USE ONLY------------------------------------------------- _,.: ol 12 Class Ins Approved by rte- �' 1c �!.- Date Charges: Rental r Custodial Cooks Other charges: J t _ _ Note: .n �. /.i f l i / _4 " - WHITE—Conynunley SeMc"Office Copp CAMMY—sudne.e pence Copy PINK—Cu.eo®een Copy ooe.D—Appekant'•Copy From: Norman A. Johnson INVOICE - P.O. Box 1,6345 -:Saint__-louis-.Park,Mn-. 55416-0345 u �, B E R -- :- -- - - - - 036190 DATE: June17. - 1993 SOLDTO: Saint Anthony Village Fire Department SHIPPEDTO:Saint Anthony Village Fire Dep Accounts Payable Department Atten': Chief Richard Johnson 2900 Kenzie Terrace 2900 Kenzie Terrace Saint Antheny,Minneseta 55418 Saint- Anthony -Minnesota 5-x=8 CUSTOMER'S ORDER NO. OUR ORDER NO. SALESPERSON -"Verbal & Le a "�'' DATE SHIPPED SHIPPED VIA F.O.B. *ORDERED QTV.SHIPPED STOCK NUMBER+DESCRIPTION PRICE PER AMOUNT 1 1 Amkus Classic one Kit $11,584.00 1 1 AMK 30Cx Spreader 32" 1 1 Standard chain package 1 1 Gb2A-Xl 4HP,4cycle power unit 4way valve roll cage hose loop 2 2 20' color coded pump hoses 1 1 AMk-20 Standard cutter Freight $ 74 45 Minnesota Sales Tax $ 752i 96 Total amount due tgis invoi a $1?�410 .45 ank you for your order it is appreciate • WiISOMJonet•C&a *..•W-)E N u.. ORIGINAL • Maier Stewart & Associates P.O. Box #334 Center City, Minnesota 55012 Invoice number 9865 June 14, 1993 Page number 1 Project 490-013-50 LOWRY GROVE WATERMAIN CONSTRUCTION TESTING SERVICES (DENSITY TESTING) City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55,418 For Engineering Services Rendered April 25 through May 29, 1993 ----------------------------------------------------------------------- Consultant Expenses Amount ---------- ------------------- MISCELLANEOUS OUTSIDE HIRE • 5-29-93 American Engineering Testing, Inc. 517 .00 Consultants total: 517 .00 Invoice Total: 517.00 • Maier Stewart & Associates P.O. Box 1334 Center City, Minnesota 55012 Invoice number 9867 June 14, 1993 Page number 1 Project - 490-018-20 37TH AVENUE N.E. PLANS & SPECIFICATIONS City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered April 25 through May 29, 1993 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Principal Engineer Thomas J. Madigan Project Design 5-01-93 2.00 30.24 2 .45 148. 18 Registered Professional Engr. Virgil. G. Hawkins Project Design 5-08-93 8.00 21.54 2.45 422.18 5-29-93 1.00 2.1.54 2.45 52 .77 Specifications 5-01-93 21.50 21.54 2 .45 1, 134.62 5-15-93 3 .50 21.54 2A 5 184.71 5-22-93 2.00 21.54 2.45 105.55 George M. Stuempfig Project Design 5-01-93 8.00 19.46 2 .45 381.42 5-15-93 1.50 19.46 2.45 71.52 Correspondence 5-15-93 . 50 19.46 2.45 23.84 Senior Draftsperson Edward C. Youngquist Project Design 5-08-93 21. 00 17.84 2.45 917.87 • 5-15-93 7.00 17.84 2 .45 305.96 5-22-93 2. 00 17.84 2 .45 87.42 Invoice number 9867 June 14 , 1993 Page number 2 Project 490-618-20 37TH AVENUE N.E. ----------------------- ------------------------------------------------ Professional Services Hours Rate Multiplier Amount Redesign 5-29-93 2 . 00 17 .84 2.45 87.42 Senior Technician Clyde F. Chase Project Design . 5-08-93 8.00 20. 50 2.45 401.80 David R. Thompson Construction Inspection 5-08-93 3 .50 18.59 2 .45 159.41 Clerical Barbara K. Shaw Clerical • 5-08-93 4.00 12.48 2.45 122.30 Staff Labor Expense: 95.50 4, 606.97 Direct Expenses Amount - - PERSONAL VEHICLE 5-08-93 4.50 PERSONAL TRUCK 5-01-93 10.50 5-08-93 11.40 AUTOCAD 5-08-93 225.00 5-15-93 75.00 Direct Expenses Total: 326.40 Invoice Total: 4,933.37 Maier Stewart & Associates P.O. Box f334 Center City, Minnesota 55012 Invoice number 9868 June 14, 1993 Page number 1 Project .490-018-90 37TH AVENUE CONCRETE REHAB City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered April 25 through May 29, 1993 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Registered Professional Engr. Virgil G. Hawkins - Construction Administration 5-22-93 5.00 21.54 2 .45 263.87 Research 5-29-93 8.50 21.54 2 .45 448.57 Clerical Barbara K. Shaw Clerical 5-29-93 1.00 12.48 2.45 30.58 Staff Labor Expense: 14.50 743.02 Invoice Total: 743.02 • Maier Stewart & Associates P.O. Box 1334 Center City, Minnesota 55012 Invoice number 9866 June 14 , 1993 Page number 1 Project 490-015-30 1993 STREET IMPROVEMENTS CONSTRUCTION ADMINISTRATION City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered April 25 through May 29, 1993 ------------------------------------------------------------.----------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Principal Engineer Thomas J. Madigan Construction Administration 5-08-93 6.00 30.24 2 .45 444.53 5-22-93 2.00 30.24 2 .45 148.18 5-29-93 5.00 30.24 2 .45 370.44 Assessments 5-08-93 5.00 30.24 2.45 370.44 City Council Meeting 5-15-93 3.00 30.24 2 .45 222.26 Registered Professional Engr. Mark J. Graham State Aid Reporting 5-15-93 1.50 21.76 2.45 79.97 Virgil G. Hawkins Construction Administration 5-08-93 2.00 .21.54 2 .45 105.55 Assessments 5-15-93 7.00 21. 54 2.45 369.41 Permit Application 5-08-93 5.00 21.54 2.45 263 .87 George M. Stuempfig Assessments 5-15-93 8.00 19 .46 2.45 381.42 5-22-93 .50 19.46 2.45 23 .84 Invoice number 9866 June 14, 1993 Page number 2 Project 490-015-30 1993 STREET IMPROVEMENTS ------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount Senior Draftsperson Edward C. Youngquist Project Design 5-01-93 22 . 00 17 .84 2.45 961.58 Clerical Janice E. McCauley _Clerical 5-01-93 . 50 11. 08 2.45 13 . 57 5-15-93 . 50 11.08 2.45 13.57 5-29-93 .50 11.08 2.45 13 .57 5-29-93 . 50 . 11.08 2 .45 13 .57 Barbara K. Shaw • Clerical 5-01-93 1.75 12.48 2.45 53 .51 5-08-93 10.25 12.48 2 .45 313.40 5-08-93 1.50 12.48 2.45 45.86 5-29-93 1.00 12 .48 2.45 30.58 Staff Labor Expense: 83.50 4,219.12 Direct Expenses Amount ---------- --------------- COMPANY TRUCK 5-08-93 9.00 5-15-93 3.00 5-29-93 3.00 AUTOCAD 5-01-93 300.00 Direct Expenses Total: 315.00 Invoice Total: 4,554. 12 LA*OFFICES STATEMENT OF ACCOUNT HANCE & LEVAHN �T ANTHONY NATIONAL BANK BUILDING.SUITE 240 )ADI t,OWlir AvENUE NONTNEAST 03/31/93 MINNEAPOLIS.MINNESOTA $5418 city Of St. Anthon PLEASE DETACH AND RETURN THIS y y PORTION WITH YOUR REMITTANCE. 3301 Silver Lake Road St. Anthony, MN 55418 Invoice 0152 Attn: Thomas D. Burt, City Manager AMOUNT REMITTED $ In reference to: (M) Village Prosecutions For professional services rendered $2,400.00 Balance due $2,400.00 Legal services rendered for the month of April, 1993, relative to St. Anthony prosecutions. LAWOFFICES STATEMENT OF ACCOUNT HANCE & LEVAHN 07-01-93 �INT ANTHONY NATIONAL BANK BUILDING.SUITE 2W 201 LOWRY AVENUE NORTHEAST. MINNEAPOLIS.MINNESOTA 55418 City of St . Anthony PLEASE DETACH AND RETURN THIS 3301 Silver Lake Road PORTION WITH YOUR REMITTANCE. St . Anthony , MN 55418 . Attn : Thomas Burt , City Manager AMOUNT REMITTED $ RE : (M) Village Prosecutions -----------e-------------------------------- For professional services rendered $29400 . 00 Legal services rendered for the month of July , 1993 , relative to St. Anthony prosecutions . PARTIAL PAYMENT ESTIMATE 112 FROM: DECEMBER 26, 1992 TO: JUNE 16, 1993 CONTRACTOR: F.M. FRATTALONE, INC ADDRESS: 3066 SPRUCE STREET, ST.PAUL OWNER: CITY OF ST. ANTHONY, MINNESOTA PROJECT: LOWRY GROVE WATERMAIN IMPROVEMENTS COMPLETION DATE AMOUNT OF CONTRACT: ORIGINAL: JUNE 11, 1993 ORIGINAL $ 109,026.00 REVISED: REVISED $ 122,776.00 -:;CONTRACT ITEMS "THIS PERIOD TOTAL TO DATE ITEM: NO...: DESCRIPTION UNIT QTY. UNIT QTY AMOUNT QTY. AMOUNT PRICE SCHEDULE 1.0 WATERMAIN 1 REMOVE EXISTING PAVEMENT SY 2180 1.30 464 603.20 2180 2834.00 2 COMMON EXCAVATION CY 600 6.20 299 1863.80 686 3627.00 3 CLEAR & GRUBB TREE EA 2 200.00 2 400.00 2 400.00 4 REMOVE CONC. SIDEWALK SF 1380 2.00 1424 2848.00 1424 2848.00 6 REMOVE CONC. CURB & GUTTER LF 24 5.00 17 86.00 17 86.00 6 TRAFFIC CONTROL (STINSON) LS 1 2000.00 1 2000.00 1 2000.00 7 EROSION CONTROL FENCING LF 200 4.00 0 0.00 0 0.00 8 8" D.I.P. WATERMAIN LF 1620 28.00 689 19292.00 1567 43696.00 9 6" D.I.P. WATERMAIN LF 26 22.00 5 110.00 43 946.00 10 4" D.I.P. WATERMAIN LF 70 20 0 0.00 36 720.00 11 8" VALVE EA 2 800.00 0 0.00 2 1600.00 12 6" VALVE EA 1 750.00 1 750.00 1 760.00 13 4" VALVE EA 1 700.00 -0.33 -231.00 0.67 469.00 14 6" X 6" X 6" TAPPING TEE EA 1 2000.00 1 2000.00 1 2000.00 • 16 HYDRANT W/ VALVE EA 2 1600.00 0 0.00 2 3200.00 16 FITTINGS LBS 2600 2.00 610 1220.00 1915 3830.00 17 CONNECT TO EXIST. WATERMAIN EA 3 1000.00 2 2000.00 2 2000.00 18 CONNECT TO TRAILER COURT SYS.EA 1 5000.00 0.2 1000.00 1 6000.00 19 CLASS 6 NATURAL AGGREGATE TON 800 8.00 246.80 1966.40 748.26 6986.00 20 COMMON BORROW(CV) CY 400 4.00 192.92 771.68 652.92 2611.68 21 GRANULAR FOUNDATION MATL. TON 260 8.70 0 0.00 0 0.00 22 4" CONCRETE SIDEWALK SF 1290 2.76 1284 3531.00 1284 3531.00 23 6" CONCRETE SIDEWALK SF 110 3.86 126 481.26 126 481.26 24 B618 CONCRETE CURB & GUTTER LF 24 27.60 17 467.50 17 467.50 25 PEDESTRIAN RAMP EA 1 386.00 2 770.00 2 770.00 26 SUBGRADE PREPARATION RdSta 11.1 110.00 11.1 1221.00 11.1 1221.00 27 SODDING, LAWN &BLVD. TYPE SY 1900 3.00 0 0.00 0 0.00 28 2331, TYPE 41A WEAR MIX TON 260 32.00 322.00 10304.00 327.63 10484.16 ----------------- --------------------- SCHEDULE 1.0 WATERMAIN--Total $63,443.83 $101,457.69 SCHEDULE 2.0 ADDED WORK (CO#I&112) 1 JACK BORE 16" CASING LF 80 85.00 0 0.00 70 6950.00 2 10" X 10" X 8" TAPPING TEE EA 1 2200.00 0 0.00 1 2200.00 3 CONC. PAVEMENT RESTORATION LS 1 1660.00 0 0.00 1 1660.00 4 CLASS 6 AGGREGATE TON 100 8.00 0 0.00 0 0.00 5 EXTRA EXCAVATION LS 1 1600.00 1 1600.00 1 1500.00 6 CONCRETE REPLACEMENT LS 1 375.00 1 375.00 1 376.00 7 COLD PATCH (STONS) LS 1 260.00 1 260.00 1 260.00 ---------------- --------------------- SCHEDULE 2.0 ADDED WORK (COA1&#2)--Total $2,126.00 $11,926.00 i TOTAL AMOUNT THIS PERIOD $55,568.83 TOTAL AMOUNT TO DATE $113,382.59 SCHEDULE SUMMARY DESCRIPTION TOTAL/PERIOD TOTAUTODATE SCHEDULE 1.0 WATERMAIN $53,443.83 $101,457.59 SCHEDULE 2.0 ADDED WORK $2,125.00 $11,925.00 -------------------- --------------------- TOTAL $55,568.83 $113,382.59 THIS:PERIOD TOTAL TO DATE::' . .. ....... . .................... .. ................... AMOUNT EARNED $55,568.83 . $113,382.59 . ..... ........ . ........ .......... ......... ...... AMOUNT R.ETAINED' ..... .... $687.50 $6,138.80 ........ ... .............. ................ MATERIAL ON SITE $0.00 -$97.00.. .. .. ... ....... MATERIAL DEDUCT. $0.00 $0.00 ......... .. ... ........ .............. .... ......... ......... ... ................ ............. ............. PREVIOUS PAYMENTS $0.00 $52,362.46 ..................... AMOUNT DUE 564,881.33 $54,881.33 PARTIAL PAYMENT ESTIMATE #2 FROM: JUNE 4, 1993 • TO: JUNE 28, 1993 CONTRACTOR: GRIDOR CONSTR., INC. ADDRESS: 1886 BERKSHIRE LANE, PLYMOUTH, MN 55441 OWNER: CITY OF ST. ANTHONY, MINNESOTA PROJECT: WATER SYSTEM IMPROVEMENTS COMPLETION DATE AMOUNT OF CONTRACT: ORIGINAL: JUNE 15, 1993 ORIGINAL $ 162,043.00 REVISED: JULY 2, 1993 REVISED $ 165,686.34 CONTRACT ITEMS' THIS PERIOD TOTAL TO DATE ITEM NO DESCRIPTION UNIT QTY UNIT i nTY'. AMOUNT CITY AMOUNT PRICE SCHEDULE 1.0 WATER SYSTEM IMPVTS. 1 COMMON EXCAVATION CY 50 17.40 50 870.00 50 870.00 2 SUBGRADE PREPARATION RdSta 1.4 370.00 0 0.00 0 0.00 3 CLASS 5 NATURAL AGGREGATE TON 90 18.60 0 0.00 0 0.00 4 2331, TYPE 41A WEAR MIX TON 40 31.25 0 0.00 0 0.00 5 CONCRETE SPLASH PAD EA 1 201.00 1 201.00 1 201.00 6 REMOVE & REPLACE FENCE LS 1 1395.00 0 0.00 0.2 279.00 7 REMOVE / SALVAGE EX. W.M. LF 170 10.90 0 0.00 80 872.00 8 FURNISH & INSTALL SUMP PUMP LS 1 1321.00 1 1321.00 1 1321.00 9 SITE GRADING LS 1 905.00 0 0.00 0 0.00 • 10 SODDING, LAWN & BOULEVARD SY 1700 2.09 0 0.00 0 0.00 11 12" D.I.P. WATERMAIN LF 245 35.80 0 0.00 241 8627.80 12 14" D.I.P. WATERMAIN LF 3 207.00 0 0.00 3 621.00 13 12" VALVE EA 2 839.00 0 0.00 2 1678.00 14 14" VALVE EA 2 1767.00 0 0.00 2 3534.00 15 BREAK INTO VAULT LS 1 1210.00 0 0.00 1 1210.00 16 CONNECT TO EX. WATERMAIN LS 1 895.00 0 0.00 1 895.00 17 FITTINGS LBS 1500 1.02 0 0.00 1440 1468.80 18 PUMP STATION PIPING LS 1 10405.00 0.2 2081.00 1.0 10405.00 19 FURNISH & INSTALL PUMP EA 2 12072.00 2 24144.00 2 24144.00 20 ELECTRICAL LS 1 38490.00 0.9 34641.00 1.0 38490.00 21 PUMP STATION BUILDING LS 1 57225.00 0.37 21173.25 0.97 55508.25 SCHEDULE 1.0 WATERMAIN--Total $84,431.25 $150,124.85 SCHEDULE 2.0 ADDED WORK (CO#1&#2) 1 COMMON EXCAVATION CY 40 17.40 0 0.00 0 0.00 2 CLASS 5 NATURAL AGGREGATE TON 60 18.60 0 0.00 0 0.00 3 2331, TYPE 41A WEAR MIX TON 22 31.25 0 0.00 0 0.00 4 ADJUST STORM M.H. CASTING LS 1 200.00 0 0.00 0 0.00 5 CTRL. PANEL MODIFICATIONS LS 1 934.84 0 0.00 0 0.00 SCHEDULE 2.0 ADDED WORK (CO#1&#2)--Total $0.00 $0.00 0 TOTAL AMOUNT THIS PERIOD $84,431.25 TOTAL AMOUNT TO DATE $150,124.85 • SCHEDULE SUMMARY DESCRIPTION TOTAL/PERIOD TOTAL/TODATE SCHEDULE 1.0 WATER SYS. IMPVTS $84,431 .25 $150,124.85 SCHEDULE 2.0 ADDED WORK $0.00 $0.00 THIS' PERIOD TOTAL TO DATE AMOUNT EARNED $84,431 .25 $150,124.85 ml AMOUNT RETAINED $1 ,714.96 $8,284.32 MATERIAL ON SITE $0.00 $19,565.12 MATERIAL DEDUCT. $19,565.12 $19,565.12 PREVIOUS PAYMENTS $O 00 $78,689.36 .. . .....:.. $63,151.17 AMOUNT DUE $63,151.17 • C FINANCIAL SYSTEM 8T ' ANTHONY VILLAGE 6/30/93 15: 12 Check Register GLS40R-VO4' 10 PAGE ] __-_--'---_----_-_'_-__-_______-------_-_'-_-'------__-___'____----__-_______--_-_--- ---------'-____' BANK VENDOR CHECK# DATE AMOUNT -_-_LIOR'-LIQU0R.'C ACCOUNT 004009 AETNA LIFE & CASUALTY 4091 06/30/93 946'97 4092- 321-. 12�--___ 004040 BOYD HOUSER CANDY & TOBA 4093 06/30/93 2 ,908' 71 004082 CELLULAR ONE 4094 06/30/93 35'29 004080 CITY COUNTY FED CREDIT 4095_ 93 110' 00______ 004098 COMMERCIAL LIFE INS CO 4096 06/30/93 17 '00 004100 COMMISSIONER OF REVENUE 4097 0,6/30/93 1 ,70S' 47 004104_ MN4098 -06/30/� _____1�'��_ ' 00001 COMPUTER SERVICES SUPPLY 4099 06/30/93 437 ' 74 004111 DATA & TEL COMMUNICATION 4100 06/30/93 2,217 .40 004130 ECOLAB 06/30/93 _ '.00002 EMERGENCY LITE SERV 'CTR 4102 06/30/93 139'84 004139 FARMER 8RO3 CO 4103 08/30/93 84'86 004410 [IRSTAR_ BANK _'�4104 6.213.20 ___ 004411 FIRSTAR ST ANTHONY BANK 4105 06/30/93 lS,000'00 004175 GRIGGS COOPER & CO INC 4106 06/30/93 2,400 '95 004l8�5 GROUP_HEALTH 1PLAN 4 07 06 688_. 84_____ 004201 HEGGIES PIZZA 4108 06/30/93 21 '20 004202 HENN CTY SUPPORT & COLL 4109 06/30/93 106'00 -004204 - HZCKERSON/BAR8f)RA. __ _- _-_ - . _4ll0-<}6/3O/92:�_-- ---'___-4O�4��-_---- -- 004207 HOLMES/DENNIS 4111 06/30/93 40 ' 00 004208 Z C r-1 A RETIREMENT TRU8 4112 06/30/93 34 '24 -__--___OD4220__'- _WINE_DO-_- - - _ 4113 06/30/93 _ _ __ 7B ,.�ll_ _ 0O4225 KRAFT FOODSERVICE 4114 O6/3O/93 749' 5O 0O4233 LMCIT 8ERKLEY RISK SE 4115 06/30/93 6 ,674 ' 25 _--__- -0O426f� -_MAAK� T MECHANICAL -- _ _ _-'4l �6 06 /3O/��3 ]L,433' l2 ' OO003 MC DONOUGH/MICHAEL 4117 06/3O/93 40' 00 004269 MED CENTER 4118 06/30/93 437 ' 2S -- 00436S'- 'MEDICA CHOICE - 411� - ' 1 ,397 .86_ . 00004 MN ' MUNICIPAL 8EV ' ASSN 4120 06/30/93 485 ' 00 004334 NORTHEASTER 4121 06/30/93 1 ,360 ' 00 004335 NORTHERN STATES POWER 4122 06/30/93 4 ,266 ' 49 004360 PHILLIPS AND SONS COMPAN 4123 06/30/93 3S9 . 42 004376 PRIOR WINE CO 4124 06/30/93 264 . 65 004380 PUBLIC EMPLOYEE RETZREME 412506 JO/97 2'044 ' 17 00439-A ROTO-ROOTER SERVICES CO 4126 06/30/93 187 . SO 004285 STAR TRIBUNE 4127 06/30/93 221 '00 004463 SUPERIOR pAODUCTS MF� CO 4128 06/,30/.93. 59 ' O0 004475 TRI TECH PRODUCTS 4129 06/30/9I 176 . 06 004491 UNITED WAY 4130 06/30/93 9' 00 LIQUOR CHECKING ACCOUNT 54 , 002 ' 59 ' ` � T A�����Y FIK ��IAL 5Y5TEm . _ -0 7 `0�/9�� ll � 55 ��ec� �egis��r �L���A-x�� . i� PA�c BANK VENC;DR CHECK:;i DATE AnOUNT --' __ -- FIRS FIRCTAR CT . ANTHONY CHECKING 46O� O7/l '93 �5� 62 ' 00001 A BULB COMPANY ' 4/ ' 000236 A T T 4601 07/l4/93 26' 97 00 0 235 A T T INFORMATION SYST 4602 C,7/l4/�3 -_----- 000135 AMERICAN RISs SERVICES Z- - 460 3. 07/14/93 377 ' 0O 000115 AMES PHOTO FINISH 4604 07/ 14/93 12 ' 41 000320 BEISSWENGER APPLIANCE 4665 07/l4/93 2 ' -Z0 ' 008132 - BERKLEY IWS' SERVICES , Z '- 4606 07/14/q3 007253 BRAKE & -EQUIPMENT WAREHO 460 7 07/14/93 22 ' 6� ' 00001 BFEKKE/JZn TREASURER 46O8. 07/14/93 25'O0 002335 CELLULAR ONE --_ 4609 07/14/93 148' 16 007300 CEMSTONE PRODUCTS COMPAN 4610 07/14/93 1 ,219'90 007257 CENTERLINE INQ ' , INC' 4611 07/14 '93 400'80 --- --- 005198' -- CENTRAL LOCK- & SAFE CO --' 4612. 07/14/93- _ ' 55' 70 000655 CLAREY " S SAFETY EQUIPMEN 4613 07/14/93 356' 45 000685 COAST TO COAST 4614 07/14/93 181 '68 00074l-----CONNELLY-ELECTRONI 0-7/1.4/-93--.------ 82-60------- ' 00002 DALE LYREK CONCRETE 4616 07/14/93 60'00 0081S6 DARLEY & CO' /W'S' 4617 07/14/93 178'83 ------' AO52Q4''---DEPT- PUB LIC' SAFETY-'-- 35'00- ' '00003 DEPT ' OF PUBLIC SAFETY 4619 07/14/93 277 '80 005048 DPC INDUSTRIES IHC 4620 87/14/93 366'93 --'----'0DO04---DRUSCH/DONALD -- -' _� -------- '-'4621 87/l4/93 - _- � - 15'00 000920 FEED RITE CONTROLS 4622 07/14/93 235' 18 000958 FIRESTONE TIRE CO 4623 ' 07/14/93 813.36 - QOQ975----FLITTIE�MARSHA�L'CON(�AET----------4�24-07/l4/93--------'143.33--- 001080 FRATTALLONES HARDWARE 4625 07/14/93 14 '33 001030 G & K SERVICES 4626 07/14/93 70'99 ---------OO1145-----GLEN WOOD-INGLEWOOD_-____ 4627'07/14[93_-____--_-58_45_- ' 00.1185 QOOOALL RUBBER CO 4828 07/14/93 30'62 008127 GRAFIX SHOPPE 4829 07/14/93 143. 78 ---------001-505'---HENN-CO-SHEF-IFF-----------------'---4630-07/-14/­�93---------261.26-'- 005017 HENNEPIN COUNTY TREASURE 4831 07/14/93 1 ,456'23 007307 INTERSTATE 4632 07/14/93 246. 13 ---'----00168D----J-C- AUTO- SUPPLY_'_--__-_-_----------4633_O7/14193-__ __---__34' 72-- '- '00008 KRESSE/RO8ERT 4634 07/14/93 50'00 000715 LEEF 8ROG 4635 07/14/93 3'40 '-'---''--'{}02g4Q-----i.ILLIE-SU8URBAN-NEWSPAPE---'--------4636-07/14193--------- -. l15.92'' 001981 LMCIT 4637 07/14/93 37 ,079' 75 008136 M.A.B . ENTERPRISES, INC ' 4638 07/14/93 16'67 --------002l30----MAMA_____-_--_---'_-----___---_-___---_-4639-O��14��3L- {}08182 MEREDITH CABLE 4640 07/14/93 9' 59 002280 MIDWEST ASPHALT CORP 4641 07/14/93 222' 19 -------- 000045---- MIDWEST'-BUSINESS- PRODUCT-------'-4843 07/14493__'__ -_'' 149'81 -- 002380 MINNEGASCO INC 4643 07/14/93 143'02 008097 MN CITY MGMT ASSOCIATION 4844 07/14/93 60'00 _'-------[)O238Q`---MN-CON WAY-FIRE-&-SAEET-Y--__'-___-__-4645_D7/ ----_-39'OO - _' 008045 MN COUNTY ATTYS ASSN 4846 07/14/93 423'28 008159 MN DEPARTMENT OF REVENUE 4647 07/14/93 2,950'00 ,---���---- FINAHCIAL S`�STEM 5T ' A!,�-T�C,NY v L� 07/08/93 12 : 5S Chec4 R eg iscsr GL540R-vJ4 ' 10 PAGL ' BANK YENDOR CHECK# DATE - FIRS FIRSTAR ST ' ANTHONY CHECKING ` -----�O0QO4 MUSKA' ELECTRIC CO� 464B Q7�l4/93 17 ' 29 005084 N S R M A A 4649 07/14/93 250' O0 002505 NARDINI FIRE EQUIP CO 4650 07/14/93 326'�5 ----' 002680 NORTHERN-- STATES POWER ' 4651 07/14 '93' 7 , 154 ' 58 00704 NORTHERN STATES POWER 4652 07/14/93 1 , 871 ' 55 807317 NORTHERN WATER WORKS SUP 4653 07/l4/93 35' 52 �--------`AOOg7 PINK----- �654- <}7/l4/93-- 6Q2'' 76 002880 PITNEY BOWES INC 4655 07/14/93 59'91 '0000 s PONY COMPUTER-MN 4656 07/14/93 639' 0l `_----'- ' 0000 - POOLSIDE- 4657-. O7/l4/.93- 2U'sO 007314 POSTMASTER 4658 07/14/93 400'00 003000 RADIO SHACK 4659 07/14/93 12' 76 ---------- OO5248 AITZ CAMERA-CEHTER8/STOR - - - -' 4660-07/-14/93---'----- 28~,39-'-' 008105 SPACELA8S INC 4661 07/14/93 66' 71 '00008 ST ' ANTHONY VILLAGE GRD8 4662 07/14/93 98'91 -------O�348O`----STATE_-TREASURER-------------------4663--U7/14/­93_-------l71 '02- '00002 STEPHEN D#NFORTH 4664 07/14/93 61 '00 003490 STREICHER"S 4685 07/14/93 6'40 007-311- ----SUBURBAN COLLISION & PAI-'----'--4668_O7/-14/93-------' '25A^Oo- - 007181 SUBURBAN- PROPANE 4667 07/14/93 119'32 OO5381 SYNDISTAR 4668 07/14/93 162' 00 -------007-165-----TRACY- 466.9-'07./14/93__-----4 ,261 .65----- 003560 TRACY PRINTING 4670 07/14/93 278'60 003600 TURF SUPPLY COMPANY 4671 07/14/93 227 '9 ' -----��#7Q44-'---TWIN-{�I�Y-JAN ITOR-�SUPpLY--'-------487��-07/14/`-93------­---341.84��-- D{}365S TWIN CITY OXYGEN 4673 07/14/93 44' 10 008021 U.S. WATER NEWS 4674 07/14/93 44'00 -------'002-700----US-WEST-COMMUWICATIONS --4676-��/_14/_93____--_---�8�-1�---- 003722 WALDOR PUMP 8b EQUIPMENT 4876 07/14/93 1 ,472'02 '00009 WALMAN OPTICAL CO. 4677 07y14/93 60.40 ----�--'8{}�73S----WASTE-MQMT------------------------- 4678-07./-14/-93�-----.-----149~-28-- - '00005 WILLIAM HOAQLUNO 4679 07/14/93 50'00 F-IRSTAR_ST-_'ANTHONY-CHECKING -___ -_-_--- 71 ,315-69-- 'x�� B RC- FINANCIAL SYSTEM ST . ANTHONY VILLAGE 07/01/93 16: 27 Check Register GL540R-VO4 . 10 PAGE 1. BANK---- = --- - - VENDOR - CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004009 AETNA- LIFE & CASUALTY 3837 06/30/93 946 . 97 004025 APACHE PLAZA 3838 06/30/93 9 ,615. 11 ---- 004030.---- --ASCAP- - 3839- 06/30/93 ..- .491..00- _ 004040 BOYD HOUSER CANDY & TOBA 3840 06/30/93 2,829. 29 004059 CARLSON/CARY 3841 06/30/93 300. 00 004062 CELLULAR ONE 3842 06/30/93 27 . 88 004100 COMMISSIONER OF REVENUE 3843 06/30/93 653. 19 004120 EAGLE WINE CO 3844 06/30/93 91 . 23 ------- 004410--_--FIRSTAR ST.- ANTHONY- BANK-.-..-.- 3845 .06/30/93-- .-----15,000.-00------__.___ 004410 FIRSTAR ST ANTHONY BANK 3846 06/30/93 3,821 . 56 004175 GRIGGS COOPER & CO INC 3847 06/30/93 10,235 . 55 - 004203-- - - HIGHWOOD-FOODSERV ICES;-I ---- ------3848.-06/30/93--.------------- ---15. 54 -- -- - 004207 HOLMES/DENNIS 3849 06/30/93 120.00 004220 JOHNSON WINE CO 3850 06/30/93 3, 714 . 77 -------004225-----KRAFT---FOODSERVICE --- -------- --- 3889-06/30/_93----- 1 ,089.97 004272 METT_ BAKING CO 3890 06/30/93 18. 10 004360 PHILLIPS AND SONS COMPAN 3891 06/30/93 1 ,542.97 004376-----PRIOR--WINE-- CO - -- ----- - ---- - - 3892-06/30/93 ------- --_. 435.64 004380 PUBLIC EMPLOYEE RETIREME 3893 06/30/93 1 , 116.58 004380 PUBLIC EMPLOYEE RETIREME 3993 06/30/93 743.83 -. ---__--004385------QUA LI-T-Y--WINE-CO--------- -------3994-_06/30%93_.__.__________1 ,-104.-46-.._____._ 004467 TIM 'S TRANSFER, INC . 3995 06/30/93 635.00 004499 VAIL/BRENDAN 3996 06/30/93 65.00 ---- - 000004---------ST:--A-:-1- LIQUOR--#2-PC----------- - -- 3998 06/30/-.93----- ------180..78--- - - 004059 CARLSON/CARY 3999 06/30/93 300.00 004410 FIRSTAR ST ANTHONY BANK 4000 06/30/93 15,000. 00 -----0 0 4 2 0 7------HOLMES/DENNIS.--------- -----.- - --4001-06/30/_93--------------------120.00------.-.--...---.. 004375 POSTMASTER 4002 06/30/93 116.00 004401 ST .A. LIQUOR #1 PC 4003 06/30/93 229.23 ----------004499---------VA-IL/BRENDAN--- _ --- ---- - -_...--4004 .06/30/-93-.---------------.--..---65. 00 -- .00002 VARSITY SALES 4005 06/30/93 565.00 004009 AETNA LIFE & CASUALTY 4053 06/30/93 956.31 ---------004045---.BRYAN/JEFFRE.Y--D------------------------.4054__06/30/93----------- -----.-.----.40.00_____ _ 004040 BOYD HOUSER CANDY & TOBA 4055 06/30/93 1 ,764. 66 004059 CARLSON/CARY 4056 06/30/93 300.00 -------004100-------COMMISSIONER-OF- REVENUE----------- - 4057-06/30/­93---- -_ --- - 604.06 -- - 004410 FIRSTAR ST ANTHONY BANK 4058 06/30/93 15,000.00 004411 FIRSTAR ST ANTHONY BANK 4059 06/30/93 5,000.00 --- 004410- --F-IRSTAR-ST-ANTHON-Y---BANK------.------4060-06/30%93----.--------3,554.60_-- __ 004175 GRIGGS COOPER & CO . INC 4061 06/30/93 6,372.02 004201 HEGGIES PIZZA 4062 06/30/93 75.70 4063---06/30/-93---------.____-_-_.40.00----------.-- 004220 JOHNSON WINE CO 4064 06/30/93 600.02 004225 KRAFT FOODSERVICE 4065 06/30/93 705.75 -- =-004272- METZ_ BAKING --- 004360 PHILLIPS AND SONS COMPAN 4067 06/30/93 354.55 004376 PRIOR WINE CO 4068 06/30/93 504.27 -- -----004380.--_---.-PUBLIC-EMPLOYEE_RETIREME.-_.__._.__ __ . _._.-4069- 06/.30/..93.-.._.-._._..___1 ,846.66. BRC- FINANCIAL SYSTEM- --- - - -- ST__ ANTHONY- VILLAGE 07/01/93 16 : 27 Check Register GL540R-VO4 . 10 PAGE BANK------..- __ .__:VENDOR- ._.. __._ . _-._ � ' _.. __..._.. __ ... CHECK#.. DATE-__. AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004385 QUALITY WINE CO - 4070 06%30/93 267 . 25 004499 VAIL/BRENDAN 4071 06/30/93 65. 00 0040.4.0--- --- ---8OYD- HOUSER CANDY &__.TOBA.__._._ __ _.._ _ 4072 06/30/93- _ 2, 182..90_.. 004059 CARLSON./GARY 4073 06/30/93 300 . 00 .00003 COUPON CENTRAL LIST 4074 06/30/93 20.00 ---- 004410 - FIRSTAR ST ANTHONY BANK---- ------------ 407.5--06/30/93 15,000. 00 004410 FIRSTAR ST ANTHONY BANK 4076 06/30/93 5,000. 00 004175 GRIGGS COOPER & CO INC 4077 06/30/93 8, 141 . 54 -.------ 004207---------HOLMES/DENNLS---.-----._.. _-----------40-78_--06/.30/93 004220 JOHNSON WINE CO 4079 06/30/93 1 ,087 .27 004225 KRAFT FOODSERVICE 4080 06/30/93 611 . 68 - 00004— - MICHAEL MC_DON OUGH 06/30/93_....------------------- 80.00-. 004272 METZ BAKING CO 4082 06/30/93 42. 69 004337 NORWEST BANK MINNESOTA 4083 06/30/93 14, 581 .25 PHILLIPS---AND---SONS---COMPAN..-_--_ -___A084--06/30/-93_-._ __ __ 3, 766. 37.__ 004376 PRIOR WINE CO 4085 06/30/93 457 .07 004385 QUALITY. WINE CO 4086 06/30/93 465. 16 _ 004404-----S-T-. A- -L-IQUOR-#2---PC---------------4087--06/30/93--- ---- ---- --.101 .69- 004492 U S WEST COMMUNICATIONS 4088 06/30/93 550.33 004499 VAIL/BRENDAN 4089 06/30/93 65 .00 LIQUOR CHECKING ACCOUNT 161 ,779.65 *** 1 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING 4 5 JUNE 15, 1993 6 7 8 I. CALL TO ORDER 10 The meeting was called to order at 7:00 P.M. and the Pledge of Allegiance was led by 11 Chair Faust. 12 13 II. ROLL CALL 14 15 Commissioners Present: Thompson, Franzese, Gondorchin (arrived 7:02 P.M.), Faust, 16 Werenicz, and Madden 17 18 Commissioners Absent: None 19 20 Staff Present: Management Assistant Urbia 21 22 III. APPROVAL OF MAY 18, 1993 MINUTES 23 R4 Motion by Madden, seconded by Franzese to approve the minutes of the May 18, 1993 5 Planning Commission Meeting with the following corrections: .26 27 page 2, line 34: change "538" to "528" 28 page 2, line 42: add "to be in compliance with the bylaws." after "application" 29 page 5, line 36: change "garage" to "house" 30 page 5, line 43: end sentence after "proposed" using "." and capitalize the word 31 "a" immediately following to begin a new sentence 32 page 6, line 32: change the name "Gondorchin" to the name "Murphy" 33 page 12, line 46: add "e" at the end of name "Frames" 34 35 Motion Carried Unanimously 36 37 IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE JULY 13, 1993 38 CITY COUNCIL MEETING 39 40 Commissioner Werenicz will represent the Planning Commission at the July 13, 1993 41 City Council Meeting. 42 43 V. PUBLIC HEARINGS 44 45 A. Petition for Sign Variance, Leroy Signs. Inc. (Agent for First Bank). 3928 •6 Silver Lake Road Planning Commission Meeting June 15, 1993 • Page 2 1 The hearing was opened at 7:06 P.M. by Chair Faust who read the Notice of Hearing 2 which had been published in the June 2, 1993 edition of the St. Anthony Bulletin. 3 4 Mr. Urbia explained that the applicant was an agent for the business establishment, First r -to-replace the three current Marquette _Bank equest-isL -Bank signs,with First Bank -sign s.' The proposed total sign su rface are a will be less than what currently exists. The 7 current signage was allowed by variance, so precedence has been set. Mr. Urbia 8 recommended that the Planning Commission recommend Council's approval of the 9 petition for sign variance, citing precedence and a hardship being the circular shape of 10 the building which has visibility concerns. 11 12 Commissioner Madden questioned about the sign surface area of each individual sign, 13 which Urbia responded would be less in each case. Commissioner Franzese questioned 14 about replacement issues and the proposed ordinance - 1993-007. Urbia explained the 15 proposed ordinance and what replacement is. Staff directed First Bank through the 16 variance process because they would be able to replace the signage sooner than the 17 passage of the proposed ordinance. 18 19 Commissioner Gondorchin pointed out that the bank began replacement. Urbia 20 responded that the bank is allowed to replace one sign, and that staff granted permission • 21 for temporary banners. Commissioner Werenicz questioned about painting. Urbia 22 responded that he was sure the bank would paint over the area where the old signage was 23 at a minimum. Commissioner Franzese questioned about the hours of illumination. 24 Urbia responded that the Commission could place the same condition as previous, from 25 dusk to 1:00 A.M.. 26 27 Bob Everson representing First Bank spoke to issues relating to the petition for sign 28 variance. The company would like to put this issue aside and replace the signs. He 29 believes the circular shape of the building is a hardship. He believes the proposal is 30 aesthetically pleasing. Regarding illumination, he would be willing to comply with any 31 residential requirements. Also, First Bank does not illuminate signs past 1:00 A.M. for 32 energy conservation reasons. They have two temporary banners for identification and 33 to cover up the area where the old signs where. 34 35 Commissioner Franzese asked what color the building would be painted and what time 36 the majority of their banks stop sign illumination. Mr. Everson responded that the bank 37 will be painted the same color and that the majority of the banks end illumination at 1:00 38 A.M.. 39 40 With no further discussion, Chair Faust closed the public hearing at 7:17 P.M.. 41 42 Motion by Madden, seconded by Thompson to recommend the City Council approve the • Planning Commission Meeting • June 15, 1993 Page 3 1 Petition for Sign Variance to Leroy Signs, Inc. (Agent for First Bank), 3928 Silver Lake 2 Road which would allow two additional wall signs. In recommending approval of the 3 request, the Commission finds that there were no neighborhood objections, the proposed 4 square footage is less than the square footage of the current signage, the three conditions 5 are met, and that the hours of illumination be from dusk to 1:00 A.M.. Franzese made 6 a friendly amendment that the bank will enhance the identity of Apache mall and might 7 help to draw customers to the area in general and that the simple architecture of the 8 building will be enhanced by the proposed signage. The -friendly amendment was 9 accepted. 10 11 Motion Carried Unanimously 12 13 B. Application for Conditional Use Permit, Nancy Anderson, Tan Me - Apache 14 Plaza, 3800 Silver Lake Road 15 16 The hearing was opened at 7:20 P.M. by Chair Faust who read the Notice of Hearing 17 which had been published in the June 2, 1993 edition of the St. Anthony Bulletin. 18 19 Mr. Urbia explained that there were two previous requests for this type of conditional 00 1 use but that there were listed conditions. The conditions were as follows: (1) the massage therapy being restricted to medical care and approved hours of operation; (2) 22 the permit would automatically be revoked if there is any violation of applicable City or 23 state statutes related to criminal sexual conduct by any person associated with the 24 operation; and (3) the massage therapy offered must comply with the code of ethics and 25 definition of massage therapy.established by the American Massage Therapy Association. 26 Staff recommends the Planning Commission recommend approval to the City Council for 27 the conditional use permit based on like conditions. 28 29 Nancy Anderson explained how the two extra rooms she has in her tanning salon could 30 be put to good use by providing this additional service. She said she plans to have 31 someone from the Minneapolis School of Massage, and that she will have a reputable 32 business. 33 34 Werenicz questioned if the customers would be doctor referred. Ms. Anderson replied 35 no but that the massage would-be therapeutic. 36 37 Madden asked if the massage worker would be an employee or independent.contractor. 38 Ms. Anderson said the person would be an independent contractor. 39 40 Franzese asked if there is therapeutic value to tanning. Ms. Anderson said there was 41 from the dry heat. Franzese asked if the person be from American Message Therapy Association. Anderson was not sure, but stressed that it would be someone from the Planning Commission Meeting • June 15, 1993 Page 4 1 Minneapolis School of Massage. 2 3 Faust asked if massage personnel are licensed. Urbia said they are most likely state 4 licensed as the City does not license massage personnel. t_ 6_ Franzese asked about'advertising and,signage. Anderson said her ads would mention this 7 additional service... She receives no signage in the.mall. 8 9 Werenicz wondered about the timeline Anderson wanted to offer this service. Anderson 10 stated she wants to be open by August. 11 12 Werenicz felt two of the three recommended conditions could not be met, only number 13 two regarding criminal sexual conduct. Urbia said medical care could be changed to 14 therapeutic massage. 15 16 Anderson felt that by granting the conditional use it would be an asset to her business. 17 18 With no further discussion, Faust closed the public hearing at 7:33 P.M.. 19 20 Motion by Franzese, second by Werenicz to recommend approval with the three • . 21 recommended conditions, but amending the first condition by deleting medical care and 22 adding a fourth condition, where the massage personnel must be licensed by the State of 23 Minnesota. In recommending approval of the request, the Commission finds that no one 24 spoke in opposition; that precedence had been set; and the request does comply with 25 requirements of the conditional use. 26 27 Gondorchin was uneasy about the service provider not being present and he was not sure 28 of the third and fourth conditions. However, other Commissioners felt that if the 29 conditions could not be met, the applicant will have to come back through the conditional 30 use process. Staff will look into the issues in condition three and four and present this 31 to the Council. 32 33 Voting on the motion: 34 Aye: Thompson, Franzese, Faust, Werenicz, and Madden. 35 Nay: Gondorchin. 36 37 Motion Carried 38 39 C. Application for Conditional Use Permit, James R. Bona, St. Anthony Unocal, 40 Inc., 2812 27th Avenue Northeast 41 •42 The hearing was opened at 7:37 P.M. by Chair Faust who read the Notice of Hearing Planning Commission Meeting June 15, 1993 Page 5 1 which had been published in the June 2, 1993 edition of the St. Anthony Bulletin. 2 3 Mr. Urbia explained that because the use will be expanded, the conditional use permit 4 process must be used. Urbia explained how staff worked with the applicant's 5 representatives to present this proposal .tonight. Urbia. felt the proposal was a win-win 6 situation.between the residents and business. Urbia explained the phase-in process, 7 where curbing will be required in the areas where improvements are being made at the 8 time. 9 10 Franzese asked why the applicant was responsible for curbing on the street. Urbia said .11 the applicant was responsible only on private property, not on the public street. 12 13 Madden asked if the presented.drawing was a proposal from the applicant or what the 14 City is requiring or both. Urbia said it was both, as this is what was negotiated. 15 16 Madden felt that the condition limiting the number of cars and hours was too restrictive. 17 18 Werenicz questioned if the size of parking spaces was accurate and how the proposed 19 addition would impact the number of parking spaces. Urbia said the spaces where 9' X 00 19' and that the new square footage will have a different number of required spaces and 1 they will be reconfigured. 22 23 Tom Zappia, attorney for James R. Bona, would like 12 spaces instead of 10 for the 24 recommended condition. Franzese questioned if the proposed addition would be one or 25 two stories. The Commission felt that this was not a relevant question. 26 27 John Jadinak, 2805 27th Avenue Northeast inquired if there would be parking behind the 28 old Meat Market. Urbia said there would be parking but behind berming and trees. 29 Jadinak inquired about'the proposed canopy. He said the City should only consider 30 allowing the canopy after the new homes across the street are built so those residents 31 have input. 32 33 With no further discussion, Faust closed the public hearing at 7:55 P.M.. 34 35 Madden felt the applicant may have gained property but lost three curb cuts on 27th 36 Avenue. Madden felt the applicant lost a lot by losing access, so he would like to see 37 car storage increased to twelve cars. 38 39 Faust requested to see where the berming will be on the drawing. Urbia. described the 40 area to be along 27th Avenue. The area west of the service station will have the existing 41 fence. Planning Commission Meeting June 15, 1993 • Page 6 1 Franzese inquired if there were any parking restrictions on the applicant's site right now. 2 Urbia said there was not. Franzese felt it is hard to justify restrictions if there are 3 currently no restrictions and because the business has a good track record. Werenicz felt 4 - it would.be pertinent to add a parking condition. Faust felt this condition was necessary -5 - to give the City_leverage^to control-long-term parking of junk cars_ Madden felt-a-good - - - 6 - Compromise would be no car'over 48 hours. He felt junkers are not brought into a first 7 class operation like the applicants. 8 9 Motion by Madden, seconded by Franzese to recommend approval to the City Council 10 with the following conditions: (1) parking lot must be striped for 23 spaces; (2) curbs 11 must be installed in the areas specified on the drawing and be insurmountable and be of 12 concrete; (3) if a canopy is installed, lighting must shine down; (4) if the proposed 13 addition is built in the future, the lot must be subdivided into one parcel; (5) no car may 14 be stored for no more than 48 hours; and (6) the property address must be changed from 15 a 27th Avenue address to a Kenzie Terrace address. 16 17 In recommending approval of the request, the Commission finds that there was one 18 person for the request and one against the request and that this is not only a 19 neighborhood issue but an issue of the business community surviving. Commissioner 20 Franzese wished to include a friendly amendment that the request meets the three i 21 requirements for a conditional use. -22 23 Motion Carried Unanimously 24 25 D. Petition for Variance, James R. Bona, St. Anthony Unocal, Inc., 2812 27th 26 Avenue Northeast 27 28 The hearing was opened at 8:07 P.M. by Chair Faust who read the Notice of Hearing 29 which had been published in the June 2, 1993 edition of the St. Anthony.Bulletin. 30 31 Mr. Urbia explained that a variance is required for the canopy, as a portion of the 32 canopy is outside of the building envelope. The variance would be for 28 feet. The 33 canopy and pumps could not be closer to the building due to traffic flow problems and 34 the cost of moving the pumps. Potential hardship that could be identified is the unusual 35 shape of the lot, the cost to move the pumps, and traffic flow problems if the canopy and 36 pumps must be moved. 37 38 Commissioner Franzese questioned the economic issues. Urbia explained that economic 39 reasons could not be identified alone as a hardship in granting a variance. 40 41 Gondorchin questioned if the hours of operation would be expanded. Urbia believed they • 42 would not be expanded. Planning Commission Meeting June 15, 1993 Page 7 1 Mr. Zappia felt the traffic flow, if the canopy is moved, would be difficult; the shape of 2 the lot; and the cost to move pumps, as the hardship. Economic considerations cannot 3 be considered alone. Mr. Zappia said the hours of operation would be the same. Mr. 4 Zappia asked about the conditional use permit and the condition to limit storage of 5 vehicles parked over 48 hours. He said there might be times when they would need a . 6 car stored over 48 hours if they order parts from Seattle. The Commission directed the 7 applicant to work with staff on this issue between now and the City Council meeting on 8 July 13, 1993. 9 10 Mr. Mike Eicher spoke to the pump configuration. It is designed as a zero rejection 11 pump, so that all grades of gas are at the pump that the customer chooses. 12 13 Faust questioned about the height of the canopy. Mr. Eicher said the canopy will have 14 14'6" clearance and will be 3' wide for an overall height of 17'6" canopy. 15 16 Mr. Paul Archambault of 2716 Pahl Avenue Northeast spoke in favor of Mr. Bona's plan 17 and felt he ran a clean and efficient operation. He felt Mr. Bona has addressed the 18 neighbor's concerns. Mr. Archambault felt there was a gas station at this location for 19 forty plus years, long before other residents. He feels the plans will be an improvement. With no further discussion, Faust closed the public hearing at 8:30 P.M.. 22 23 Gondorchin approves of the proposal, as he believes canopies are a part of doing 24 business. Madden was in favor. 25 26 Motion by Madden, seconded by Franzese to recommend approval to the City Council 27 for the petition for variance, the three requirements for a variance have been met; two 28 people spoke in favor and no people spoke against the proposal; and the proposal will 29 enhance the'business community. Franzese provided a friendly amendment to list the 30 hardship; it being: the unusual shape of the lot, the cost of moving the pumps, and 31 traffic flow issues if the pumps were moved closer to building. 32 33 Faust.had issue with undue hardship. Gondorchin agrees and believes the listed hardship 34 should not be included. The listed hardship was not removed, as Madden and Franzese 35 did not accept the amendment request. 36 37 Voting on the motion: 38 Aye: Thompson, Franzese, Gondorchin, Werenicz, and Madden. 39 Nay: Faust. 40 41 Motion Carried Planning Commission Meeting June 15, 1993 Page 8 1 VI. MISCELLANEOUS 2 3 Sign Ordinance Issue 4 5 :,--i- r:__Urbia_explained the Northgate.sign issue.-Urbia explained that.Ordinance_1993-007 6 had its first-reading due to this issue. Motion by Werenicz, second by Madden to urge - 7 the City Council not to proceed with the new ordinance and for further research into this 8 issue. 9 10 Motion Carried Unanimously 11 12 Section 1130 - Peddlers, Solicitors and Transient Merchants 13 14 Mr. Urbia explained the City Council desired input on this issue, as they wanted to find 15 a way to allow the Gems and Stems owner to sell flowers on Mother's Day. However, 16 Mr. Urbia pointed out that if this were allowed, it would be difficult to stop the less 17 desirable street vendor activities. The Planning Commission agreed with this and felt the 18 ordinance should stand as it is. 19 20 VII. STAFF UPDATE 21 22 Mr. Urbia reported that the Henry Garage Setback Permit request was referred back to 23 the Planning Commission. Mr. Henry is deciding if he should attach the garage or have 24 a 30' setback. Urbia reminded the Commission that they can put conditions onto an 25 applicant for a Garage Setback Permit. 26 27 VIII. COMMISSIONERS' COMMENTS 28 29 Faust inquired about parcels around Apache Plaza. Urbia said there has been some but 30 they deal with the owner of Apache Plaza. Urbia said the rezoning of the parcels south 31 of TCF will have its second reading at the June 22nd City Council Meeting. 32 33 IX. ADJOURN 34 35 Motion by Madden, seconded by Werenicz to adjourn the Planning Commission Meeting 36 at 9:15 P.M.. 37 38 Motion Carried Unanimously 39 Respectfully submitted, 40 41 42 David Mark Urbia, Acting Secretary • STAFF REPORT DATE: June 3, 1993 TO: Planning Commission FROM: David Mark Urbia, Management Assistant - - ITEM: -: -PETITION FOR SIGN VARIANCE, LEROY- SIGNS, INC. (.AGENT FOR FIRST BANK), 3928 SILVER LAKE ROAD Background I have included-the minutes from the February 18, 1991 Planning Commission meeting, where a variance has granted to Marquette Bank to allow two additional wall signs. The hardship was that only one of the three signs will be seen at a time. The proposed replacement signage has less surface area than the existing signage. Recommendation • Precedence has been set. Recommend to the City Council to approve the petition for sign variance, citing hardship and precedence. The Planning Commission may wish to have a hours of illumination condition. • Date: May 17, 1993 • Fee: $100.00 CITY OF ST. ANTHONY Petition for Sign Variance - - Applicant: Leroy-Signs, Inc. Address: 6325 welcome Ave. N. Phone: 535-0080 Status of applicant (owner, buyer, renter, agent, etc.): Agent for First Bank Contact at FBS is Mr. Bob Everson - 973-3054 Street address and/or legal description of property petitioned for variance: 3928 Silver Lake Road, St. Anthony, MN Zoning district in which property is located: Request: A variance to install (2) two sets of signs at- the above location. M innesota Statutes and Ci ty Ordinances require that the following conditions be satisfied • for approval of this request. Please respond to these conditions, using additional sheets, if necessary. 1. The granting of the variance will not be detrimental to the public welfare or incurious to other property in the neighborhood or village. See attached letter 2. A particular hardship to the applicant would result if the strict letter of the regulations are adhered to. See attached letter. 3. The conditions upon which the applications for a variance are based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land-use classification. See attached letter. Signature of Applicant s- Date: 05 - 17- 93A * 10, 0 . 00 [, 25.."'We m e"- Av _ 63 _ . Ico e. North LEROY SIG NS � I NC: - Minneapolis,' Minnesota 55429- Quality has no substitute. 612-535-0080 FAX: 612-533-2593 o` v _ . :May 17, 1993 . . i i =? City of St. Anthony 0 3301 Silver Lake Road L St. Anthony, MN 55112 RE: First Bank 0 3928 Silver Lake Road I Dear Sirs: U a Leroy Signs, Inc. will be representing First Bank in obtaining a ° signage variance at 3928 Silver Lake Road. o U p 0 Apparently, under your current sign regulation, only one set of illumi- nated letters and Logo would be allowed; therefore, we are requesting a sign variance to install (2) two additional signs on the building. v Currently there are (3) three sets of neon channel lit letters reading Ca? "Logo" "Marquette Bank Apache Each existing sign is approximately W °—' 89 S.F. per set, for a total of 267 square feet. a c � a) U We are proposing to remove all three sets of existing letters and in- stall three new sets of Logo and letters in the same exact locations. Due to the fact that we are allowed one sign on the southwest elevation, c we are requesting a variance for the west elevation (over the drive-thru area) and the northwest elevation. � c o The granting of this variance will not be detrimented to the public Z welfare or injurious to other property in the neighborhood or village. The additional two sets of signs will allow for greater visibility to customers that need to access the bank from Silver Lake Road and cm the service road to Apache Plaza. 0 a� If the strict letter of the regulations are adhered to, First Bank would face the hardship of lack of visibility/identification that would. be detrimental to business. L a� C C c0 N O cv a) U • The building in question is unique because of its circular shape. To achieve maximum identification, the additional (2) sets of signs will be required.— Customers traveling north on Silver Lake Road will be able to see the allowed sign. However, customers traveling south on Silver Lake.Road would not be able to see the building identification in time to turn safely onto the service road. Customers exiting Apache Plaza would not be able to see the building identification above the drive- thru .area on the west elevation. The granting of the variance will actually reduce the amount of signage approximately 20%. Existing signs are 89 s.f. , or 267 s.f. total. We are proposing (3) three sets of signs at 73.75 s.f. , for a total of . 221.25 s.f. Thank you for your time. Please do not hesitate to call me at 535-0080 if you have any questions. Sincerely, LEROY SIGNS,, INC. Chris Clark • • CITY OF SAINT ANTHONY NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission on Tuesday, June 15, 1993 at 7:05 P.M., or as soon thereafter as possible. Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner). The public hearing is being held for the following purpose: A request from Leroy Signs, Inc. (agent for First Bank), 3928 Silver Lake Road for a sign variance to allow two additional wall signs. The proposed signs would replace the existing signage. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Auxiliary aids are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Thomas D. Burt City Manager Publish: Bulletin, June 2, 1993 • Ll PI 2v — ;•i t . HMtDiC1�p PARIVN6 13 t SEE. SM Pl.AM PLJ1N i VAT oN. 7. - SDK 3 y 5 A6 . , �' , , :. °: :� 2 jC�s r-bus✓- s�-r�r.K,- P� AS ;.. SEE Fl [;�, ar��� M a �,ps N,l • J_. ; AIL. LJ lJ J. fw� .:..�� ...• -/cam Ur I y, ` r - 44-IC31`F •\-`.� •�!� b •� �f.�' '��� •� -.�/`i!•^"�Y� V�ur'�1.1 •L•l1 Vi �/ I _�? ►E-E SZ TE,.PLOW PLi�I st•lt°t To Ji • —_�.--._ — Fall t ; ��'� s►� t�e� �� 73 , mss' W y � p (00 1 O 30 �T�S� T :2E O I'� �'�j-C t �} S L C ?�' pt./ % ''=� ' " 1 i I)i:►`�v; ,'C�.�'�;,..,. 1,_L jafo � `�t' GNS � t � a 0 'l U, t r r" -.p sC i� iJ 13 V t-Lon F _.:zese- , eccn�._ I-Y Brc' ;•_-_ r to J,rail • _.:c t!Y•'3 -`a♦1_ -_J __ __mil._. _J Z. ._ _.'Cu ..'7 one L•• C✓� _ _'- val-_nncc , `_ __ c C:-v_L_C.-•S iJ •.=ad d -f:,r -appro;al G. tr:a• '+ar_anca r q_ast %ava icci. r t'h L L i + only one 13 sl�isL_cCi, �::a,. LhC ba'•�i si _e _s =n .__ _:. =..a.� N :: a, a �_-_ ; t "a L - = _ L L ' C _ L - _ __ L L .- _ c..� iy JL r ac ...a_._ _'�..t :c' 7 22 =o `:arai; c sto-r.ars t4J t%e a r a a =11 g n.c1 a that t 23 =_. ple arCii_L_v: _L•rc of b___dli:g ril_ a4 t = prcpcscd s_C::ag= � that the ar,ount of s=g age w..l 25 n.o t Lc _L _ _ti-an `.i 2 p.re-existing Signer-'s• and thlat 25 t a he i.:rs o 4 _ll .in a _Gi1 h,e =r om dusk tori . ..r a.;%. 27 2G i._•%mdssiG'cr sa -st anq°. fired ,-hither it was appropriate �1 - _ • L L L f 7 r.�r 'he %-,J: mission to Gasl••.r",i:a Ia L:1- hours 'J:. 30 illu'ination, and nether the Comimission' s consistency 31 i_Tl set n. such hours ,:eight be' called into question. 32 Commissioner I-lerenicz replied that the Plans ing 33 Co::luission is er.pohered LO set i1ours of illisninati�ri as 34 a Condition of granting -a sign variance , and that such 35 hours cannot be the sane for al'_ establish tints .36 depending ,on the location and nature of a business . 37 ' 33 Chairman !sadden e+pressed his desire to pronote the 1•33 rya=hC : all business , aid SL ate . Lh at the hank C S 40 pos i tive raga and visibility would i_ an as:-t to - 41 =hCpping ..:all . Commissioner Gondc•rchin :lot=d that. the 42 lack of objection by the townhc'n:e owners was a positive 43 factor in the granting of the variance request . 44 45 No further discussion ensuing, a vote was then called 45 f'or by the Chairman . 47 48 ,lotion carried unani:^ousl y. 49 50 Chairman Madden informied the petitioners that their t ,i , Irw nr �' f•N b�+ 2•f£1lif•'�],f m•3'�3 t h yyYr' AA . - �J..a•L '��� ��._;,r..j3� �{ h y T -n f t� �S'i�t t��ty- `,� - �;J 1 • Y a J:_�_ � �, STAFF REPORT DATE: June 18, 1993 TO: Thomas D. Burt, City Manager FROM: David Mark Urbia, Management Assistant ITEM: -- APPLICATION FOR CONDITIONAL .. USE PERMIT, . NANCY ANDERSON, TAN ME - APACHE PLAZA, 3800 SILVER LAKE ROAD The Planning Commission recommended approval to the City Council for the conditional use permit request based on the following conditions: (1) The massage therapy being restricted to approved hours of operation; (2) The permit would automatically be revoked if there is any violation of applicable City or state statutes related to criminal sexual conduct by any person associated with the operation; (3) The massage therapy offered must comply with the code of ethics and definition of massage therapy established by the American Massage Therapy Association; and (4) The massage personnel must be licensed by the State of Minnesota. There was some question if the American Massage Therapy Association (AMTA) existed and what where their code of ethics. There was also a question if the State of Minnesota licensed massage personnel. The Planning Commission directed staff to look into these questions and report any findings to the City Council for their consideration. The AMTA exists, but there is also the Association of Body-Work Massage Professionals (ABMP). The ABMP also has a code of ethics. The applicant, Nancy Anderson, intends to use graduates from the Minneapolis School of Massage & Body-Work, Inc., 220 Lowry Avenue Northeast. The Minneapolis School is a member of the ABMP and most of their graduates become members. I have included a copy of the ABMP's code of ethics. To become a member of the ABMP, an individual must have had at least 100 hours of training. The State of Minnesota does not license massage personnel; however, the Minneapolis School is a certified educational program by the Minnesota Higher Education Coordinating Board. When a student graduates from the Minneapolis School, they have a certificate of graduation. The minimum number of hours to be a certified graduate of therapeutic massage is 166 hours. Staff Report • June 18, 1993 Page 2 With this new information, I recommend to the City Council to amend the Planning Commission recommended conditions to read as follows: (1) The massage therapy being restricted to theze 'a>« ssgaa approved hours of operation; #h hots o vperat�Qn hey d t ry $ xtti y 14 Ivy: Q£I N1 r Saturday I O.nO..:A:NI to Oa F M, and .Sunday 1 Q .M #o ............................ ............................ (2) The permit would automatically be revoked if there is any violation of applicable City or state statutes related to criminal sexual conduct by any person associated with the operation; (3) The massage therapy offered must comply with the code of ethics and definition ..`.esaiona f massage thera established b the ssod at tar <o €`::::: o PY Y ...... :>:<3`>::>::> ::>>::>::>::>; :»::>::>::>::;::>::»»::;::>:.;;: at American Massage Therapy Association;�and .......................... ........................... (4) The massage personnel must be heensed by the State ef Nfimese t& acluafil€ ri' a> ta <>afM� ta`:erlled:: rr�fessinna:: rfl: rare:::> t ;:::>;::;:.........:... :>::::<:::<::>:>:::;>::::...................... ...................................................................... nin u cc... 4 rag. i i Date: • Fee: $130.00 CITY OF ST. ANTHONY Application for a Conditional Use Permit Applicant: t�- .0 �� t�2:�C4 f�� . Phone: Address: �) > Status of applican owner; buyer, renter, agent, etc.): /i �, Street address and/or legal description of property,in question: r� U 1Iwl J at a, k1l i J 4__ Zoning district in which property is located: Conditional use proposed: 4n Minnesota Statutes and City Ordinances require the following conditions be satisfied before a conditional use may be authorized. Please respond to these conditions, using additional sheets, if necessary. 1. The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. 2. The proposed conditional use will not be detrimental to the health, safety, or general welfare of erp sons residing or working in the vicinity or injurious to progerty values or improvements in the vicinity. 3. The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. Si nature of Applicant aryl phcn-e 05 -28:95A eaan1-13i"— ��"' • - Y- 93 • La,.. .c.k.� �.e.��YrnS.e da Curt Pfta-rt-c 4-0 -rt a. La. a-nd J�'ii�#" Qn-t -f�a.o�a.p.Q.a . � Ccn . f}�u�in� �C.e� � • . q-{'tA-t ,Q�1CL Q/yQ W--� �- /Yke,a.Qa� e"-ni 4L&,w.e.u�, 'fit. a oYt4ca,# ,Qu-c ce,ay a,e-C ;c.�ea�, apt-e.-wx-� . 4 ` c..� 7"1cl -lOItAt CITY OF SAINT ANTHONY NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission on Tuesday, June 15, 1993 at 7:05 P.M., or as soon thereafter as possible. Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner). The public hearing is being held for the following purpose: A request from Nancy Anderson, TAN ME - Apache Plaza, 3800 Silver Lake Road for a conditional use permit to allow the operation of therapeutic massage treatments in a Commercial "C" zoning classification. Anyone wishing to-be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Auxiliary aids are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Thomas D. Burt City Manager • Publish: Bulletin, June 2, 1993 • A 10 &oro 1�' LO rs '� : r-` Y • i1 �L. i , dft s CODE OF ETHICS • ABMP members shall maintain the highest standard of professional conduct. • ABMP members are to provide services within the scope of the ABMP definition of massage/bodywork and the limits of their training. ABMP members are not to employ those massage/bodywork techniques for which they have not had adequate training and shall represent their education, training, qualifications and abilities honestly. • ABMP members will not perform manipulations or "adjustments" of the human skeletal structure, diagnose, prescribe, or provide any other service, procedure, or therapy which requires a license to practice chiropractics, osteopathy,physical therapy, podiatry, orthopedics, psychotherapy, acupuncture or any other profession or branch of medicine unless specifically licensed to do so. • ABMP members shall acknowledge their professional limitations and refer clients to the appropriate medical professional. • ABMP members shall respect the rights of all ethical practitioners, and will cooperate with all health professionals in a friendly and professional manner. • ABMP members shall not make false claims regarding the potential benefits of the techniques rendered and should actively participate in educating the public regarding the actual benefits of massage/bodywork. • ABMP members shall conduct their business in a professional and ethical manner in relation to their clientele, business associates, acquaintances and the general public. • ABMP members shall endeavor to serve the best interest of their clients at all times and provide the highest quality service possible. • ABMP members shall maintain clear and honest communications with their clients and shall keep all client communications confidential. ABMP members shall practice honesty in advertising and promote their services ethically and in good taste and shall practice and/or advertise only those techniques for which they have received adequate training and/or certification. 9 • ABMP members shall strive to project a professional image for themselves, their business or place of employment and the profession in general. • ABMP massagelbodywork practitioners shall be conscious of the intent of the services that they are providing, be aware of and practice good judgement regarding the scope of massage/bodywork techniques applied. • ABMP members are to be thoroughly educated and understand the physiological effects of the specific massage/bodywork techniques utilized in order to determine whether such application is contraindicated and/or to determine the most beneficial techniques to apply to a given individual. • ABMP members shall not apply massage/bodywork techniques in those cases where they may be contraindicated without a written referral from the clients primary care provider. • ABMP members shall refrain from the use of illegal drugs, alcohol or intoxicants prior to or during professional massage/bodywork sessions. • ABMP members shall always dress in a professional manner. Proper dress being defined as attire suitable and consistent With accepted 'business and professional practices. • ABMP members will in no way instigate or tolerate any kind of sexual advance while acting in the capacity of a massage/bodywork practitioner. • ABMP members shall not be affiliated with or employed by any business that utilizes any form of sexual suggestiveness or explicit sexuality in its advertising or promotion of services or in the actual practice of its services. • Definition of Massage/Bodywork Massage/bodywork shall be defined as the application of various techniques to the muscular structure and soft tissues of the human. Application of massage/bodywork techniques may include but is not specifically limited to stroking, kneading, tapping, compression, vibration, rocking, friction, pressure, and those techniques based on manipulation or the application of pressure to the muscular structure or soft tissues of the human body, which may also include non-forceful passive or active movement and/or the application of techniques intended to affect the energetic systems of the body. The use of oils, lotions, powders, or other lubricants may also be included. Massage/bodywork specifically excludes: Diagnosis, prescription, manipulation or "adjustments" of the human skeletal structure, or any other service, procedure, or therapy which requires a license to practice orthopedics, physical therapy, podiatry, chiropractic, osteopathy, psychotherapy, acupuncture or any other profession or branch of medicine. • in i 1Jj�gy , i J J ' 1 ETHICS ETHIC (Eth'ic)n. A system of moral standards. Code of Ethics; A set of principles. A code of ethics is essentially a standard of conduct. To be an effective �- ractitioner within a professional group, a specific code of ethics or standard of onduct is essential along with the necessary knowledge and skills to practice the profession effectively. These standards direct the application of professional knowledge and skills. The information provided in this section outlines acceptable and unacceptable practices. The ABMP code of ethics combines guidelines for professional behavior with ^a, recommendations for personal and professional hygiene. ABMP members are ! '/ expected to abide by these guidelines and practice within the ABMP definition of massagefbodywork. 1. - �f' F 1. • 7 STAFF REPORT • DATE: June 10, 1993 TO: Planning Commission - FROM: David Mark Urbia, Management _Assistant ITEM_: APPLICATION FOR CONDITIONAL USE PERMIT, JAMES R. BONA, ST. ANTHONY UNOCAL, INC., 2812 27TH AVENUE NORTHEAST Background The proposed expansion of square footage, number of pumps, canopy, and parking area is considered an expansion of the business. Due to this, a conditional use permit will be required. A conditional use permit was not previously done for this location. The proposed redevelopment is defined as a through lot. A through lot must have setbacks of 35 feet from all public right-of-ways. Parking area must be setback 10 feet from the property line and 20 feet from the property line when it abuts a residential area. The combined square footage of the buildings is 6,748 square feet, which requires 23 parking spaces. The Uniform • Fire Code requires dispensing devices to be a minmimum of 1.0 feet from property lines and buildings. Parking lots must have approved curbing around the perimeter, which would be insurmountable cement curbing. Portions of the existing buildings are outside the building envelope, but this situation is grandfathered: The proposed addition would require a variance. The proposed canopy requires a-variance, which is being requested tonight. The applicant intends to realign the gas pumps, install a canopy, expand parking area, and install curbing in conjunction with the street realignment. The proposed addition and demolision of the vacant building are slated for next year. Due to this fact, staff proposes requiring curbing in the area being improved this year. Next year, if further work is continued, staff would propose to require curbing in front of the vacant building and by the alley (so that there is no access from the alley). With approving a conditional use permit, various conditions could be placed upon the business. Conditions such as: hours of operation, hours of sign illumination, and length of time and number of cars that are stored. • Staff Report • Page 2 Recommendation Recommend to the City Council the approval of the conditional use permit request based on the following conditions: ., (1) Parking lot must be striped for 23 spaces. (2) Curbs must be installed in areas specified on drawing. The curbs must be insurmountable and be of cement. (3) If canopy is installed, lighting must shine down. (4) If the proposed addition is built in the future, the lot must be subdivided into one parcel. (5) Cannot have an inoperable motor vehicle outside on the property for period greater than XX. (6) Change address from a 27th Avenue address to a Kenzie Terrace address. (7) A signed development agreeable with the City of St. Anthony. • • Date: g, S - 7 - 4 Fee: $130.00 CITY OF ST. ANTHONY Application for a Conditional Use Permit – Applicant GL to o e �Q_Z &4 Address:— I a -:),7 �1� •- Phone: �l 8`l sr.A-e'�riy M5- s�y i8 Status of applicant (owner, buyer, renter, agent, etc.): +p-16a u - Street address and/or legal description of property in question: Zoning district in which property is located: CCDiM Conditional use proposed: Ex (. A5"sal o Q x i-5-n ! Minnesota Statutes and City Ordinances require the following conditions be satisfied before a conditional use.may be.authorized. Please respond to these conditions, using additional sheets, if necessary. 1. The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. 2. The proposed conditional use will not be detrimental to the health, safety, or general welfare of erp sons residing or working in the vicinity or injurious to roe values or improvements in the vicinity. 3. - The proposed conditional use is necessary or desirable at the.above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. oaf Ty"Q IQ, Si ature of Applicant CITY OF SAINT ANTHONY NOTICE OF PUBLIC HEARING .TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission on Tuesday, June 15, 1993 at 7:05 P.M., or as soon thereafter as possible. Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner). The public hearing is being held for the following purpose: A request from James R. Bona, St. Anthony Unocal, Inc., 2812 27th Avenue Northeast for a conditional use permit to allow for expansion of the existing service station. The proposed expanded use will be a canopy, additional gas pump service, and additional parking area. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Auxiliary aids are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Thomas D. Burt City Manager Publish: Bulletin, June 2, 1993 STAFF REPORT DATE: June 4, 1993 TO: Planning Commission FROM: . David Mark Urbia, Management Assistant ITEM: PETITION FOR VARIANCE, JAMES R. BONA, ST. ANTHONY UNOCAL, INC., 2812 27TH AVENUE NORTHEAST Background If the conditional use permit request was granted, then this issue may be considered. The applicant proposes a canopy that is 24 feet by 42 feet. A portion of the canopy is outside of the building envelope. At its closest point to the property line, the canopy is within the setback area by eight feet. In addition, there must be hardship if a variance were to be granted. A potential hardship could be the unusual shape of the lot. I asked the applicant if the pumps and canopy could be moved closer to the building, which would not require a variance. The applicant believes this situation would leave less manuevering room.' However, there could be stacking problems at the stub street. Fee: 100 , (R-1............$ 60.00 Other.........$100.00) CITY OF .ST. ANTHONY nn Petition for Variance Applicant: �T'• -r�. — Address: 1 a Phone: 7 99 _ Status of applicant (owner, buy renter, agent, etc.): Street address and/or legal description of.property petitioned for variance: a,8► a a� Au . >v Zoning district in which property is located:n ►M MV—YO--x CAO Request: C DL-2 TJZ u.-c c-tyl ®-e S PLOL Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1. Because of the particular physical surroundings, shape, or topographical conditions .of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by City Ordinance and has not been created by.any persons presently having an' interest in the parcel of land. G�YL'e� • Qj ature of Applicant 0 1 G 0 00a CITY OF SAINT ANTHONY NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission on Tuesday, June 15, 1993 at 7:05 P.M., or as soon thereafter as possible. Public -Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner). The public hearing is being. held for the following purpose: A request from James R. Bona, St. Anthony Unocal, Inc., 2812 27th Avenue Northeast for a setback variance to allow the construction of a gas pump canopy. The setback requirement is 35 feet from a right-of-way in a Commercial "C" zoning classification. The setback variance request is for seven feet, so that the canopy will be setback 28 feet at its closest point to the right-of-way. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Auxiliary aids are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Thomas D. Burt City Manager Publish: Bulletin, June 2, 1993 • i n thon ilia Administrative Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 (612) 789-8881 FAX (612) 789-9602 PROCLAMATION WHEREAS, the National Association of Town Watch (NAM is sponsoring a unique, nationwide crime and drug prevention program on August 3, 1993 called "National Night Out"; and WHEREAS, the "10th Annual National Night Out"provides a unique opportunity for the City of St. Anthony to join forces with thousands of other communities across the country in promoting cooperative, police-community crime and drug prevention efforts; and WHEREAS, the City of St. Anthony Police Department plays a vital role in crime and drug prevention efforts and the City is supporting "National Night Out 1993" locally; and WHEREAS, it is essential that all citizens of St. Anthony-be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime and drug abuse in the City of St. Anthony; and WHEREAS, police-community partnerships and neighborhood safety and awareness and cooperation are important themes of the "National Night Out" program. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of St. Anthony hereby calls upon all citizens of St. Anthony to join with the National Association of Town Watch in supporting "10th Annual National Night Out" on August 3, 1993. BE IT FURTHER RESOLVED that the City Council of the City of St. Anthony hereby proclaims AUGUST 3, 1993 as "NATIONAL NIGHT OUT" in the City of St. Anthony. Mayor • Date • Councilmember then introduced the following resolution and moved its adoption: RESOLUTION 93- 0 3 9 RESOLUTION RELATING TO $470,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993A; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota (the "City"), as follows: Section 1. Recitals, Authorization and Sale of Bonds. 1.01. Authorization. This Council has heretofore ordered various improvements, to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429, consisting of street reconstruction and replacement of water main and storm sewer on 31st Avenue N.E. (from Rankin Road to Old Highway 8) and Croft Drive (from Rankin Road to 31st Avenue N.E.), and bituminous overlay improvement over the existing pavement on Rankin Road (from Old Highway 8 to 32nd Avenue N.E.) and on Croft Drive (from 31st Avenue N.E. to 200 feet along 32nd Avenue N.E. beyond cul-de-sac) (collectively the "Improvements"). The present estimated total cost of the Improvements is as follows: Project Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . $420,581 Contingency . . . . . . . . . . . . . . . . . . . . . . . . . . . 42,369 Discount Allowance . . . . . . . . . . . . . . . . . . . . 7,050 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $470,000 This Council hereby determines to issue and sell $470,000 principal amount of General Obligation Improvement Bonds, Series 1993A, of the City (the 'Bonds") to defray the expense incurred and estimated to be incurred by the City in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $ representing interest as provided in Minnesota Statutes, Section 475.56. The City has retained Springsted Incorporated to act as financial advisor to the City in connection with the issuance and sale of the Bonds, and it is hereby determined to sell the Bonds without meeting the requirements as to public sale under Minnesota Statutes, Section 475.60, subdivision 1, pursuant to the exception from such requirement contained in clause (9) of Minnesota Statutes, Section 475.60, subdivision 2. 1.02. Sale of Bonds. The City has received sealed bids for the • purchase of the Bonds. The most favorable proposal received is that of. of (the "Purchaser"), to purchase the Bonds at a price of $ , the Bonds to bear interest at the rates set forth in Section 3.01 hereof and to be subject to the further terms and conditions set forth in this Resolution. The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Performance of Requirements. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for this Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 1.04. Maturities of Bonds. The Council hereby finds that the maturities of the Bonds as set forth in Section 3.01 hereof are warranted by the anticipated collections of special assessments and ad valorem taxes levied and to be levied for the payment of the Bonds as provided in Section 4 hereof. • Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: -2- UNITED STATES OF AMERICA STATE OF.MINNESOTA • COUNTIES OF HENNEPIN AND RAMSEY CITY OF ST. ANTHONY GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993A Date of Interest Rate Maturity Original Issue CUSIP August 1, 1993 SEE REVERSE FOR CERTAIN DEFINITIONS REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS THE CITY OF ST. ANTHONY, Hennepin and Ramsey Counties, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on February 1 and August 1 in each year, commencing August 1, 1994, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the .principal hereof, are payable in lawful money of the United States of America by check or draft of ,in , as Bond Registrar, Transfer Agent and Paying Agent (the "Bond Registrar"), or its successor designated under the Resolution described herein. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. -3- • • This Bond shall not be valid or become obligatory for purpose or be g Y any � entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by the manual signature of a person authorized to sign on its behalf. IN WITNESS WHEREOF, the City of St. Anthony, Hennepin and Ramsey Counties, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below. Date of Authentication: (Facsimile Signature) (Facsimile Signature) City Manager Mayor CERTIFICATE OF AUTHENTICATION • This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Bond Registrar By Authorized Representative [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $470,000 (the 'Bonds"), issued pursuant to a resolution adopted by the City Council on July 13, 1993 (the "Resolution"), for the purpose of financing the costs of various street and utility improvements in the City (the "Improvements"), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are payable primarily from the 1993 Improvement Bond Fund (the "Fund") of the City. In addition, for the full and prompt payment of the principal and interest on the Bonds as the same become due, the full faith, • -4- credit and taxing power of the City have been and are hereby irrevocably pledged. • The Bonds are issuable only as fully registered bonds in denominations of $5,000 or any multiple thereof, of single maturities. Bonds maturing in the years 1995 through 2002 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 2003 and later years are each subject to redemption and prepayment, at the option of the City and in whole or in part, and if in part, in inverse order of maturities and in $5,000 principal amounts selected by lot within a maturity, on February 1, 2002 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of the proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of the Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other -5- • purposes, and neither the City nor the Bond Registrar shall be affected by any notice tto the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make this Bond a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed in regular and due form as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the Improvements and ad valorem taxes on all taxable property in the City, collectible in the years and amounts required to produce sums not less than 5% in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Fund in the manner specified in Minnesota Statutes, Section 429.091, Subdivision 4; that, to take care of any accumulated or anticipated deficiency in the Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM —— as tenants UNIF TRANS MIN ACT. . . . . Custodian. . . . . in common (Cust) (Minor) TEN ENT — — as tenants by the entireties under Uniform Transfers to JT TEN — — as joint tenants Minors with right of survivorship and Act. . . . . . . . . . . . . . . . . . . . . . not as tenants in (State) common Additional abbreviations may also be used. • -6- ASSIGNMENT • FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated:. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE: The signature(s) to OF ASSIGNEE: this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, J / without alteration, enlargement or any change whatsoever. Signature(s) must be guaranteed by a commercial bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. Section 3. Bond Terms, Execution and Delivery. • 3.01. Maturities Interest Rates, Denominations, Payment, Dating of Bonds. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Improvement Bonds, Series 1993A" and shall be payable primarily from the 1993 General Obligation Improvement Bond Fund of the City created in Section 4.02. The Bonds shall be dated as of August 1, 1993, shall be issuable in the denominations-of $5,000 or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest, computed on the basis of a 360-day year consisting of twelve 30-day months, from August 1, 1993 until paid or duly called for redemption at the rates per annum set forth opposite such years and amounts, respectively: -7- • Year Amount Rate Year Amount Rate 1995 $20,00.0 2003 $30,000 1996 30,000 2004 30,000 1997 30,000 2005 35,000 1,998 30,000 2006 35,000 1999 30,000 2007 35,000 2000 30,000 2008 35,000 2001 30,000 2009 40,000 2002 30,000. The Bonds shall be issuable only in fully registered form, of single maturities. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 1994, to the owners thereof as such appear of record in the bond register as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. • 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Re_ ice. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. • -8- (c) Exchange of Bonds. Whenever any Bond is surrendered by the • registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount, interest rate and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f), Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be • valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an.exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, interest rate, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon receipt by the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon receipt by the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the -9- • Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1. 3.04. Appointment of Initial Registrar. The City hereby appoints in , as the initial Registrar. The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with ' as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar. On or before • each principal or interest due date, without further order of this Council, the Finance Director shall transmit to the Registrar from the 1993 Improvement Bond Fund described in Section 4 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05. Redemption. Bonds maturing in the years 1995 through 2002 are payable on their respective stated maturity dates without option of prior payment, but Bonds maturing in 2003 and later years are each subject to redemption, at the option of the City and in whole or in part, and if in part, in inverse order of maturities and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 2002 and on any date thereafter, at a redemption price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, the City shall cause notice of the call for redemption to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, -10- become due and payable at the redemption price therein specified and from and • after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. Bonds in a denomination larger than $5,000 may be redeemed in part in any integral multiple of $5,000. The owner of any Bond redeemed in part shall receive without charge, upon surrender of such Bond to the Registrar, one or more new Bonds in authorized denominations equal in principal amount to be unredeemed portion of the Bond so surrendered. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager; provided that said signatures may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall • be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Manager to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. Section 4. Security Provisions. 4.01. 1993 Improvement Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "1993 Improvement Construction Fund" (hereinafter referred to as the Construction Fund), to be held and administered by the Finance Director separate and apart from all other funds of the City. The City appropriates to the Construction Fund (a) the proceeds of the sale of the Bonds, and (b) all collections of special assessments levied for the Improvements until completion and payment of all costs of the Improvements. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the Bond Fund, created in Section 4.02 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment.of all costs of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds. Upon completion and payment of all costs of the Improvements, any balance of the -11- proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 4.02. 1993 Improvement Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon-unpaid, the Finance Director shall maintain a separate and special bookkeeping fund designated "1993 Improvement Bond Fund" (hereinafter referred to as the Bond Fund) to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom. The City irrevocably appropriates to the Bond Fund (a) the collections of special assessments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, (b) any taxes levied in accordance with this resolution, and (c) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. 4.03. Additional Bonds. The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if any, which, together with other moneys or revenues pledged for the payment of said additional obligations, will produce revenues at least five percent (5%) in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. The additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. h . 4.04. Levy of Special Assessments. The City hereby covenants and agrees that for payment of the cost of each of the Improvements it will do and perform all acts and things necessary for the full and valid levy of special . assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such.lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20%) of the cost of the Improvements. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding -12- taken or to be taken by the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto,the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may-be required by law to make such assessments a valid and binding lien upon such property. The Council presently estimates that the special assessments shall be in the aggregate principal amount of $ payable in not more than installments, the first installment to be collectible with taxes during the year 19 and that deferred installments shall bear interest at the rate of not less than ,percent %) per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. 4.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds as the same become respectively due. For the purpose there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be spread upon the tax rolls prepared in each of the following years and collected with other taxes in the'following years and amounts as follows: Levy Collection Year Year Amount 1993 1994 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 2006 2007 2007 2008 The foregoing tax levies are such that if collected in full they will produce at least five percent (5%) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are outstanding and unpaid; provided that the City -13- reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 4.06. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants contained in this resolution. It is estimated that the special assessments and ad valorem taxes levied and to be levied for the payment of the Improvements will be collected in amounts not less than five percent (5%) in excess of the annual principal and interest requirements of the Bonds. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the amount of .taxes and special assessments theretofore levied for the Improvements and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.06, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. Section 5. Defeasance. When any Bond has been discharged as provided in this Section 5, all pledges, covenants and other rights granted by this resolution to the holders of such Bonds shall cease, and such Bonds shall no longer be deemed outstanding under this Resolution. The City may discharge its obligations with respect to any Bond which is due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the City may nevertheless discharge its obligations with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bond called for redemption on any date when it is prepayable according to their terms, by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; provided that notice of the . redemption thereof has been duly.given as provided in Section 3.05. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to -14- become due thereon to maturity .or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. Section 6. County Auditor Registration, Certification of.Proceedings. Investment of Money, Arbitrage, Official Statement and Fees. 6.01. County Auditor Registration. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the County Auditors of Hennepin and Ramsey Counties, together with such other information as the County Auditors shall require, and to obtain from said County Auditors a certificate that the Bonds have been entered on his bond register and the taxes described in Section 4.05 hereof have been levied as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditors of Hennepin and Ramsey Counties are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control .or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Improvements are public improvements available for use by members of the general public on a substantially equal basis. The City will not enter into any lease, use agreement or other contract respecting the Improvements which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. For purposes of complying with the requirements of Section 148(f)(4)(C) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: (i) the City is a governmental unit with general taxing powers; -15- • (ii) the Bonds are not "private activity bonds" as defined in Section 141 of the Code (Private Activity Bonds); (iii) ninety-five percent of the net proceeds of the Bonds are to be used for the local governmental purposes of the City; and (iv) the aggregate face amount of all tax-exempt bonds (other than Private Activity Bonds) issued by the City in calendar year in which the Bonds are to be issued is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f)(4)(c) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. 6.04. Investment of Money on Deposit in the Bond Fund. The Finance Director shall ascertain monthly the amount on deposit in the Bond Fund. If the amount on deposit therein ever exceeds the aggregate amount of principal and interest due and payable from the Bond Fund through the next following February 1 plus a reasonable carryover as permitted by the Regulations, such excess shall be used to prepay and redeem Bonds or be invested at a yield less than or equal to the yield on the Bonds, based upon their amounts, maturities and interest rates on their date of issue, computed by the actuarial method. The City reserves the right to amend the provisions of this Section at any time,. whether prior to or after the delivery of the Bonds,-if and to the extent that this Council determines that the provisions of this Section are not necessary in order to ensure that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and Regulations. 6.05. Arbitrage Certification. The Mayor and the City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant.to this resolution, are authorized and directed to execute and deliver to the Purchaser a certification in accordance with the provisions of Section 148 of the Code, and the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified tax-exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 1993 it does not reasonably expect to issue tax-exempt obligations which are not private activity bonds (not treating qualified -16- 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $10,000,000. 6.07. Official Statement. The Official Statement relating to the Bonds, dated June 29, 1993, prepared and distributed on behalf of the City by Springsted Incorporated, is hereby approved. Springsted Incorporated, is hereby authorized of behalf of the City to prepare and distribute to the Purchaser a supplement to the Official Statement listing the offering price, the interest rates, other information relating to the Bonds required to be included in the Official Statement by Rule 15c2- 12.adopted'by the Securities and Exchange Commission under the Securities Exchange Act of 1934. Within seven business days from the date hereof, the City shall deliver to the Purchaser 20 copies of the Official Statement and such supplement. The officers of the City are hereby authorized-and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. The officers of the City are hereby authorized and directed to execute such certificates as may-be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor which signature was attested by the City Clerk. -17- CHANGE ORDER N0 : Two 2 PROJECT: Water System Improvement DATE OF ISSUANCE: June 21, 1993 OWNER: St . Anthony Village (Name, 3301 Silver Lake Road Address) St . Anthony, MN 55418 OWNER'S PROJECT NO: 490-009-30 CONTRACTOR: Gridor Construction, Inc. ENGINEER: Maier Stewart & Assoc. 1886 Berkshire Lane 9800 Shelard Parkway Plymouth, MN 55441 Minneapolis, MN 55441 (612) 559-3734 (612) 546-0432 CONTRACT -FOR: ,Booster Pumps & ENGINEER'S PROJECT NO: 490-009-30 Pumphouse Installation You are directed to make the following changes in the Contract Documents: Description: Installation of limit switch control system, control panel modification, additional conduit. Purpose of Change Order: To provide system operator better information @ existing control panel . Modification will allow booster pumps to operate 'as a well from the existing well #7 control module in the existing filtration plant control panel . Attachments : Memorandum from Paul Kaeding dated June 14, 1993 . CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original .Contract Price Original Contract Time $162 , 043 . 00 June 15, 1993 day or date Previous C.O. ' s No. 1 Net change from previous Change Orders $ 2, 699 .50 3 days Contract Price prior to this C.O. Contract Time Prior to this C.O. $164 , 742 . 50 June 18, 1993 day or date Net Increase of this C.O. Net Increase of this C.O. - $943 . 84 14 days Contract Price with all Contract Time with all approved C.O. ' s approved C.O. ' s $165, 686 . 34 July 2, 1993 RECOMM LADED: APPROVED: APPROVED: by Q by by Engi eer Owner Contra for forms/ordcrAg DETAILS OF CHANGE ORDER NO. 2 Additions : Unit Total Description Unit Quantity Price Price 1 Control Panel Modifications LS 1 $934 . 84 $934 . 84 Total Add, 934 . 84 490-009-30 6/22/93 a rorms/order.chg aier ewer Associa esp nc. TELEPHONE CONVERSATION SUBJECT c=7Tn�t �UN tic- CLIENT 51. Avgl-+ PROJECT�k)PTC/' �`/s • -�✓v1 ►/� �- DATE -Z z-\ TIME / /s P/A PROJ.. N0. -90 - 00� - �n PERSON L-L-ING- CALLED P.,u►- K,nF� in�c-� PHONE N0. S 3 I - o -_3 l -7 AGENCY REPRESENTE !<JaEL l Wc-, soc . EMPLOYEE.- PLACING TAKING CALL ✓i2��� � Av�k�t� S CONVERSATION A Cot.,TR_�c-�oF nJoTI�=/t Q �7 l.E f::--F:L-1 G� H-r p! f::--F: u<SE.e, WA�1 ��M�C-�CQ fit- A N���.l ONE r S o�•� o�Dt.� �1J N\ �S C o Y� P�E ►CAN A�T C �C1P TN�n�2 Wl EA 1112 KA E"L1��Jc-, T►� T�-� i, /_ M NoR t TEJIn vo %Akc�k WouL- tioT A;r t:e i l' a✓o oc-irII o.�J� FOLLOW UP AC11ON REQUIRED C�� Nl.e . L.n � R.•� � ✓yt Fri t 5`T A ��� f t o�/�/ CITY OF ST. ANTHONY RESOLUTION 93-040 A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE ST. ANTHONY UNOCAL AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Agreement with the St. Anthony Unocal an automotive service station located at 2812 - 27th Avenue N.E. (and owned by Roger Bona (Bona Properties)) and authorizes the Mayor and City Manager to execute said agreement on behalf of the City. Adopted this day of 1993. , Mayor ATTEST: City Clerk Reviewed by administration: City Manager. • Nil July 8 , 1993 SENT BY FAX - 340-7800 ew�Ax William R. Soth DORSEY & WHITNEY 220 South Sixth Street Minneapolis, MN 55402-1498 �.•A ' RE: City of St. Anthony/Roger Bona Our File No. 5673 s _ Dear Bill: s' ¢ I have reviewed your agreement for the transfer of property to Roger Bona as compensation for giving up access to 27th Avenue Northeast. The legal description of Roger's property is Lots 1 and , • 2 , Block 1, Murray Heights 3rd Addition. Bona Properties is the fee owner of Lot 1 and is the contract purchaser of Lot 2 . Paragraph. A and Exhibit A can be amended to show that information. r In paragraph 5 (d) regarding the fence on the west side of the property, it should be made clear that the existing fence is satisfactory to the City. y 1 Obviously this Agreement is subject to approval by the ,mss . City Council. We would also want to have a contingency that this Agreement is contingent upon the issuance of a Conditional Use Permit satisfactory to Roger Bona allowing him to use the property in conjunction with ti his existing property. Obviously, we are not interested in obtaining this property if it cannot be 'r used. I believe that Tom Burt and I will be able to fashion a staff recommendation that is satisfactory to both parties. There is really only one issue to resolve. I have previously expressed my concern to Tom Burt t about the inclusion of paragraphs 5 (b) and (c) . Both of these are covered by ordinance. Tom's explanation has been that he wants to be sure that these two items �e oho can be enforced. I know Roger finds it demeaning to 6 ' have it suggested that his business needs special a i 9 :0 ►' William R. Soth July 8 , 1993 • Page 2 treatment with- respect to enforcement of ordinances. I would ask- - that you talk ' to Tom Burt about removing both of these since- they are covered by specific ordinances. In my conversation with Tom Burt on Wednesday he indicated that he would like to have this Agreement finalized by next Tuesday's council meeting. I would appreciate your getting back to me as soon as possible. I am faxing a copy of this directly to Tom. Very truly yours, IVERSO - BERNDT & ZAPPIA, LTD. i Steven H. Berndt SHB: jrh cc: Roger A. Bona Thomas D. Burt (by fax) • • 07".UP -93 15 : u- FAX 61234U;Sol) PCiRSE�' %%HITNEY X003 • AGREEMENT THIS AGREEMENT is entered into as of July , 1993, by and - - between-the CITY OF ST. ANTHONY, a municipal corporation--under the laws of- - the State of Minnesota.("City"), and BONA PROPERTIES, a Minnesota general partnership ("Owner"). A. Owner is the owner of certain property located in the Southwest Quarter of the Northwest Quarter of Section 7, Township 29, Range 23, Hennepin County, Minnesota, with an address at 2812 27th Avenue, N.E. The property is operated as the "St. Anthony Unocal", and is legally described on Exhibit A attached hereto and made a part hereof (the "Unocal Property"). Owner is the fee title owner of Parcel l described on Exhibit A and is the contract for deed purchaser of Parcel 2 described on Exhibit A. B. The City is the owner of certain property which is to be platted as First Addition to the Village of St. Anthony (the "New Plat"), which property is more particularly described in a copy of the New Plat attached hereto as Exhibit B and made a part hereof (the "City Property"). The City Property includes portions of 27th Street N.E., Coolidge Street N.E., and Pahl Avenue, all as more particularly described in Exhibit B. C. The City has agreed that if Owner will relinquish all right of vehicular access from the Unocal Property to 27th Street N.E. and to Coolidge Street N.E. as relocated in the New Plat, and will agree to certain other covenants and restrictions as hereinafter set forth, the City will vacate a portion of 27th Street N.E. and will quitclaim and convey certain other City Property, all of which is shown crosshatched on the drawing attached hereto as Exhibit C and made a part hereof ("Parcel A"). NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it.is hereby agreed by and between the parties as follows: 1. As soon as reasonably possible after the recording of the New Plat, the City Council intends to conduct a public hearing for purposes of considering the proposed vacation of certain rights-of-way which are part of the City Property, including that portion of 27th-Street N.E. located within Parcel A. After the public hearing has been held, if the City Council determines that it is in the best interests of the City to vacate that portion of 27th Street N.E. located within Parcel A, and such vacation is approved and completed by the City Council, the City will give Owner notice of a date within 30 days thereafter ("Closing Date") on which • the documents to implement the provisions of this Agreement will be executed and delivered. 07 09 93 is: U-1 FAX 61:Jau;Suu DASEY I;HITNEY uca 2. Owner agrees that upon vacation by the City of that portion of • 27th Street N.E. located within Parcel A and execution and delivery by the City to Owner of a Quitclaim Deed for Parcel A, all vehicular access from the Unocal Property to 27th Street N.E., and to Coolidge Street N.E. as it is realigned and dedicated in the New Plat ("Coolidge"), shall be prohibited except for one curb cut providing access to a portion of Coolidge as shown on Exhibit D attached hereto and made a part hereof. 3. When Parcel A is conveyed to Owner, the City will reserve an easement for landscaping over a strip of land 10 feet in width along the northwesterly line of Parcel A, for purposes of installation of a berm and landscaping along that property line ("Landscape Easement"). 4. In conjunction with the City's project for the realignment of Coolidge, the City will install a berm and landscaping along the northwesterly line of Parcel A, which berm and landscaping will be located within the Coolidge right-of-way and the Landscape Easement. 5. On the Closing Date, Owner will execute and deliver a Declaration of Covenants and Restrictions in recordable form acceptable to the City, which will include the following provisions: (a) A restriction prohibiting all vehicular egress from the Unocal • Property and Parcel A to Coolidge, and all vehicular ingress from Coolidge to the Unocal Property and Parcel A, except for one curb cut at the location shown in Exhibit D attached hereto. (b) Owner will maintain in a neat and attractive condition all grass, bushes, trees and other landscaping located upon the Landscape Easement and upon that portion of the right-of-way of Coolidge which abuts the Unocal Property and Parcel A. If Owner fails to maintain such landscaping, the City shall have the right to do so and to submit a bill for the cost thereof to Owner. If Owner fails to pay any such bill within 30 days after it is due, the amount thereof may be certified to Hennepin County for collection with the real estate taxes on the Unocal Property. (c) Neither Owner, Owner's employees, nor Owner's customers shall park any vehicle on any public right-of-way abutting any portion of the Unocal Property or Parcel A. (d) Owner shall maintain the existing fence, or at Owner's election a replacement fence or other landscaping approved by the City, along the west property line of the Unocal Property so as to t -2- U; u9. 93 15:03 FAX 61"341.17$UU DORSET MU THEY Z�0115 maintain screening between the Unocal Property and the residential property to the west thereof. If the existing fence along the west property line of the Unocal Property is removed,. - - Owner will replace the fence'with another fence or with other - -- -------- appropriate screening acceptable to the City. (e) The covenants and restrictions will run with title to the Unocal Property and Parcel A, and will inure to the benefit of the City - and be enforceable by the City against Owner and any successors and assigns of Owner. (f) The City will have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of any of the covenants or restrictions, or to enforce the performance or observance thereof. (g) The covenants and restrictions will inure to the benefit of the City and its successors and assigns, and shall be modified only by an appropriate document in recordable form executed on behalf of the City. If the Unocal Property is subject to any mortgage, contract for deed or ground lease, • the party holding an interest under any such document shall join with Owner in the execution of the Declaration of Covenants and Restrictions, or shall consent to the execution thereof and agree that its interest is subordinate to the provisions thereof. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the day and year first above written. BONA PROPERTIES CITY OF ST. ANTHONY By By James R Bona Mayor A General Partner By City Manager And Jane A. Bona A General Partner • -3- u7 oA 93 15:08 FAX E1234u;500 DORSET WHITNEY 0L)6 EXHIBIT A UNOCAL PROPERTY Parcel 1 : Lot 1, Block 1, Murray Heights 3rd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Parcel 2 : Lot 2, Block 1;Murray Heights 3rd Addition,.according to the recorded plat thereof, Hennepin County, Minnesota. I "oq.q3 15: 09 FAX 61234u7Suu UuRSEY 11HITNEY LlL) EXHIBIT B NEW PLAT • 07. o9 93 15: 09 FAX 612 3407300 DORSEY IIHITNEY oc'S EXHIBIT C PARCEL A • Ui U9 9J 15:09 FAX 612340500 UURSEY WHITNEY u09 EXHIBIT D ACCESS FROM UNTOCAL PROPERTY = TO COOLIDGE STREET N.E. • CITY OF ST. ANTHONY ORDINANCE 1993-007 AN ORDINANCE RELATING TO SIGNS; AMENDING SECTION 1400.08 TO ADD THE REPLACEMENT OF BUSINESS IDENTIFICATION SIGNS The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1400.08 of the Code is amended,to add the following: Subd. 15. Replacement of Existing Business Identification Signs. A business identification sign designed to replace an existing business identification sign which lawfully exists under this Code, so long as the new sign has the same dimensions and is in the same location as the existing sign, and is not a prohibited sign under Section 1400.07. Section 2. This ordinance will be in effect as of its date of P ublication.' First Reading: June 8, 1993 Second Reading: June 22, 19 9 3 Adopted: July 13 , 1993 Mayor ATTEST: City Clerk Published in the St. Anthony Bulletin on the day of 1993. CITY OF ST. ANTHONY ORDINANCE 1993- 008 AN ORDINANCE RELATING TO ZONING, REZONING CERTAIN PROPERTY FROM RESIDENTIAL TO COMMERCIAL The City Council of the City of St. Anthony ordains: Section 1. The Zoning Map adopted by Section 1610.02 of the 1993 Code of Ordinances is amended as to the following described property by changing the use district from R-4, Multiple Family Residential District, to C, Commercial District: Lots 7, Block 7, Mounds View Acres Second Addition, according to the recorded plat thereof, Ramsey County, Minnesota. Section 2. The Zoning Map adopted by Section 1610.02 of the 1993 Code of Ordinances is amended as to the following described property by changing the use district from R-2, Two-Family Residential District, to C, Commercial District: Lots 8, Block 7, Mounds View Acres Second Addition, according to the recorded plat thereof, Ramsey County, Minnesota. Section 3. The Zoning Map adopted by Section 161.0.02 of the 1993 Code of Ordinances is amended as to the following described property by changing the use district from R-2, Two-Family Residential District, to C, Commercial District: Lots 9, Block 7, Mounds View Acres Second Addition, according to the recorded plat thereof, Ramsey County, Minnesota. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. First Reading: June 8, 1993 Second Reading: June 22, 19 9 3 Adopted: July 13 , 1993 Mayor ATTEST: i City Clerk Published: St. Anthony Bulletin on the day of ..1993. APPENDIX 1 PROPOSED FORM OF LEGAL OPINION DORSEY & WHITNEY A PARTN ..- I- DING P..........COHPORw 0- 2200 FIRST BANK PLACE EAST MINNEAPOLIS. MINNESOTA 55402 (612)340-2600 TELEX 29-0605 TELECOPIER (612)340-2868 City of St. Anthony St. Anthony, Minnesota [Original Purchaser or Purchasers] Re: $470,000 General Obligation Improvement Bonds, Series 1993A City of St. Anthony, Hennepin and Ramsey Counties, Minnesota (This page was left blank intentionally.) Ladies and Gentlemen: As Bond Counsel in connection with the authorization, issuance and sale by the City of St. Anthony, Hennepin and Ramsey Counties, Minnesota (the "City"), of its General Obligation Improvement Bonds, Series 1993A dated, as originally issued, as of August 1, 1993, in the total principal amount of $470,000 (the "Bonds"), we have examined certified copies of certain proceedings taken, and certain affidavits and certificates furnished, by the City in the authorization, sale and issuance of the Bonds, including the form of the Bonds. As to questions of fact material to our opinion we have assumed the authenticity of and relied upon the proceedings, affidavits and certificates furnished to us without undertaking to verify the same by independent investigation. From our examination of such proceedings, affidavits and certificates, and based upon laws, regulations, rulings and decisions in effect on the date hereof, it is our opinion that: 1. The Bonds are valid and binding general obligations of the City enforceable in accordance with their terms. t 2. The principal of and interest on the Bonds are payable from special assessments which the City has levied or agreed to levy on the property specially benefited by the improvements financed by the issuance of the Bonds and ad valorem taxes levied on all taxable property in the City, and, to any extent not so paid, from additional ad valorem taxes required by law to be levied on all taxable property in the City without limitation of rate or amount. 3. Interest on the Bonds (a) is not includable in gross income for federal income tax purposes or in taxable net income of individuals, estates or trusts for Minnesota income tax purposes; (b) is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax; I-1 DORSEY & WHITNEY participating municipalities based on measured volume of use. The City is responsible for the construction and maintenance of sewer laterals. $470,000 General Obligation City of St. Anthony, Hennepin, Protective services are provided by the City through 12 police officers and seven full-time and Improvement Bonds, Series 1993A- and Ramsey Counties, Minnesota 23 volunteer fire fighters. The City owns and operates three municipal liquor stores: one with both on- and off-sale, one off-sale warehouse, and one on-sale store. The Liquor Fund transferred $165,000 to the General Fund in 1992 and $146,500 in 1991. (c) is not an item of tax preference includable in alternati ve minimum taxable income for.purposes of the federal alternative minimum tax applicable to all Employee Pensions taxpayers or the Minnesota alternative minimum tax applicable to individuals, estates and trusts; and (d) is includable in adjusted current earnings of corporations All full-time and certain part-time employees of the City of St. Anthony are covered by defined in determining alternative minimum taxable income for purposes of the federal benefit pension plans administered by the Public Employees Retirement Association of g P Minnesota (PERA). The PERA administers the Public Employees Retirement Fund (PERF) and alternative minimum tax imposed on corporations. the Public Employees Police and Fire Fund (PEPFF) which are cost-sharing multiple-employer public employee retirement plans. PERF members belong to either the Coordinated Plan or 4. The City has designated the Bonds as "qualified tax-exempt the Basic Plan. Coordinated members are covered by Social Security and Basic members are obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code not. All new members must participate in the Coordinated Plan. All police officers, fire fighters of 1986, as amended (the "Code"), and, financial institutions described in Section and peace officers who qualify for membership by statute are covered by the PEPFF. The 265(b)(5) of the Code may treat the Bonds for purposes of Section 265(b)(2) and City's contribution for employees covered by PERA for the year ended December 31, 1992 was Y pure $151,752, as compared to a contribution of$141,937 in 1991. 291(e)(1)(B) of the Code as if they were acquired on August 7, 1986. The St. Anthony Firefighters Relief Association is the administrator of a single employer The opinions expressed in paragraphs 1 and 2 are subject as to retirement system established to provide pension and other benefits to its membership in enforceability to the effect of any state or federal laws relating to bankruptcy, accordance with Minnesota Statutes. The Association maintains a separate Special Fund to insolvency, reorganization, moratorium or creditors' rights and the exercise of accumulate assets to fund the retirement benefits earned by its membership. Funding of the Association is derived primarily from an insurance premium tax in accordance with the judicial discretion. Volunteer Firefighter's Relief Association Financing Guidelines Act of 1971. As of December 31, 1992, assets of the Special Fund totaled approximately $252,379 (market value The opinions set forth in paragraphs 3 and 4 are subject to the of approximately $255,890) and the liability for pension benefits was estimated at $302,400. condition that the City comply with all the requirements of the Code that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes, and the Bonds be and continue to be qualified tax-exempt obligations. The City has covenanted in the resolution authorizing the issuance of the Bonds to comply with these continuing requirements. Failure of the City to comply with these requirements may result in the inclusion of interest on the Bonds in federal gross income and in Minnesota taxable net income, retroactive to the date of issuance of the Bonds. Except as stated in this opinion, we express no opinion regarding federal, state or other tax consequences to owners of the Bonds. f We have not been asked, and have not undertaken, to review the accuracy, completeness or sufficiency of any offering materials relating to the Bonds, and accordingly, we express no opinion with respect thereto. Dated: 1993. Very truly yours, 1-2 APPENDIX II Summary of Building Permits SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY VALUATION Total Permits Commercial/Industrial New Housing Year Number Value Number Value Number Value Following is a summary of certain statutory provisions effective through 1992 relative to tax levy 1993 to 5-1 31 $ 516,300 11 $ 117,700 20 $ 398,600 procedures, tax payment and credit procedures, and the mechanics of real property valuation. ( ) The summary does not purport to be inclusive of all such provisions or of the specific 1992 229 2,445,015 10 878,400 8 190,000 provisions discussed, and is qualified by reference to the complete text of applicable statutes, 1991 197 2,654,350 21 615,250 19 1,218,000 rules and regulations of the State of Minnesota in reference thereto. This summary reflects 1990 183 4,110,450 17 633,500 28 2,748,000 changes to Minnesota property tax laws enacted by the State Legislature during the 1992 1989 216 10,316,838 63 9,062,638 5 572,000 + Regular Session. Education Property Valuations (Chapter 273, Minnesota Statutes) Assessor's Estimated Market Value The City is within the jurisdiction of Independent School District 282 which is headquartered in St. Anthony. The City constitutes 85% of the District's valuation. The District had a 1992/93 Each parcel of real property subject to taxation must, by statute, be appraised at least once enrollment of 1,083 in kindergarten through grade 12. The District employs a total staff of 176, every four years as of January 2 of the year of appraisal. With certain exceptions, all property of which 85 are teachers and administrators. is valued at its market value which is the value the assessor determines to be the price he believes the property to be fairly worth, and which is referred to as the "Estimated Market Parochial education is available at St. Charles Borromeo School, which currently has 400 Value." students in kindergarten through grade eight. Indicated Market Value Because the Estimated Market Value as determined by an assessor may not represent the price of real property in the marketplace, the "Indicated Market Value" is generally regarded as GOVERNMENTAL ORGANIZATION AND SERVICES more representative of full value. The Indicated Market Value is determined by dividing the - Estimated Market Value of a given year by the same year's sales ratio determined by the State Department of Revenue. The sales ratio represents the overall relationship between the The City of St. Anthony has been a municipal corporation since 1946 and is a statutory City Estimated Market Value of property within the taxing unit and actual selling price. operating under the council-manager plan. The City Council is composed of the Mayor and four Council members, all elected at large. The current Council members are: Tax Capacity For property taxes payable in 1989, the value of the property used to determine the property Expiration of Term •___ tax was Gross Tax Capacity. Gross Tax Capacity, like Assessed_Value, was calculated by applying a statutory formula to the Estimated Market Value. Generally,-Gross Tax Capacity is " Clarence J. Ranallo Mayor December 31, 1995 approximately 12.5% of Assessed Value for most classifications of property. The Gross Tax Richard A. Enrooth Member December 31, 1993 Capacity multiplied by the Tax Capacity Rate, instead of the Mill Rate, determined the tax Dorothy Fleming Member December 31, 1995 payable on a parcel of property. George E. Marks Member December 31, 1995 George Wagner Member December 31, 1993 Beginning with taxes payable in 1990, Net Tax Capacity has replaced Gross Tax Capacity as the basis on which taxes are levied. The Estimated Market Value multiplied by the appropriate The City Manager, Mr. Thomas D. Burt, is responsible for the daily administration and operating class rate (gross or net) yields the tax capacity (gross or net). Net Tax Capacity differs from function of the City and implementation of Council directives. The Financial Director, Mr. Roger Gross Tax Capacity primarily by having lower values for homesteaded residential and certain Larson is responsible for maintaining the records and accounts of the City's operations. The agricultural property. City has a total of 54 full-time employees. The formulas for converting Estimated Market Value to Assessed Value and Tax Capacity represent a basic element of the State's property tax relief system and are therefore subject to annual revisions by the State Legislature. City Services For taxes payable in 1988 and for prior years, property taxes were levied based on "Assessed Municipal water is available to nearly all residents. One mobile home park has its own private Value." Assessed Value of real property was calculated by applying the statutory formula well and several residents are supplied water by the City of Minneapolis. St. Anthony has a applicable to the property's classification. water system of three wells and two storage facilities with capacity of 2,250,000 gallons. The City's last increase in water rates was effective April 1, 1992 for the July 1, 1992 billing, raising Property Tax Payments and Delinquencies the rate from 800 per 1,000 cubic feet to 830 per 1,000 cubic feet. (Chapters 276, 279-282 and 549, Minnesota Statutes) Interceptor sewer lines and wastewater treatment plants in the metropolitan area are owned Ad valorem property taxes levied by local governments in Minnesota are extended and and operated by the Metropolitan Waste Control Commission ("MWCC"), an agency of the collected by the various counties within the State. Each taxing jurisdiction is required to certify Metropolitan Council. MWCC finances its operations through user charges to each of the the annual tax levy to the county auditor within five (5) working days after December 20 of the _ 10 - II-1 year preceding the collection year. A listing of property taxes due is prepared by the county GENERAL INFORMATION CONCERNING THE CITY auditor and turned over to the county treasurer on or before the first business day in March. The county treasurer is responsible for collecting all property taxes within the county. Real estate and personal property tax statements were to be mailed out no later than April 15 for The City of St. Anthony is located in both Hennepin and Ramsey Counties, immediately north property taxes payable in 1990 and are to be mailed out no later than March 31 thereafter. of the City of Minneapolis. The City encompasses an area of 1,600 acres or 2.5 square miles. One-half (1/2) of the taxes on real property is due on or before May 15. The remainder is due de Anthony experienced its greatest population growth between 1960 and 1970 as on or before October 15. Real property taxes not paid by their due date are assessed a demonstrated by the following: penalty which, depending on the type of property, increases from 2% to 4% on the day after the due date. In the case of the first installment of real property taxes due May 15, the penalty Percent U.S. Census Population Increase/(Decrease) increases to 4% or 8% on June 1. Thereafter, an additional 1% penalty shall accrue each s month through October 1 of the collection year for unpaid real property--taxes. In the case of the second installment of real property taxes due October 15, the penalty increases to 6% or 1970 9,239 4% 8% on November 1 and increases again to 8% or 12% on December 1. Personal property 1980 7,981 (114%) taxes remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches 1990 7,727 (3%) to the unpaid tax. However, personal property owned by a tax-exempt entity, but which is treated as taxable by virtue of a lease agreement, is subject to the same delinquent property The Metropolitan Council estimates that St. Anthony's 1991 population is 7,802. tax penalties as real property. On the first business day of January of the year following collection all delinquencies are Employment subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are filed for a tax lien judgment with the district court. By March 20 the clerk of court files a The City is centrally located within the Minneapolis/St. Paul metropolitan area which provides publication of legal action and a mailing of notice of action to delinquent parties. Those City residents with easy access to employment opportunities throughout the metropolitan area. property interests not responding to this notice have judgment entered for the amount of the delinquency and associated penalties. The amount of the judgment is subject to a variable ` Some of the larger employers within the City limits are: interest determined annually by the Department of Revenue, and equal to the adjusted prime rate charged by banks, but in no event is the rate less than 10% or more than 14%. Approximate Property owners subject to a tax lien judgment generally have five years (5) in the case of all Number property located outside of cities or in the case of residential homestead, agricultural Employer Product/Service of Employees homestead and seasonal residential recreational property located within cities or three (3) years with respect to other types of property to redeem the property. After expiration of the Apache Plaza Mall Shopping Center (60 tenants) 625 redemption period, unredeemed properties are declared tax forfeit with title held in trust by the In 71 Anthony Health Center 150-Bed Nursing Home 1 State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof, Independent School District 282 Education 171 then sells those properties not claimed for a public purpose at auction. The net proceeds of Herbergers Merchandise Sales 120 Apache New Market Food Sales 108 the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county American Monarch Custom Manufacturing 99 - 40%; town or city - 20%; and school district -40%. Source: St.Anthony Community Profile, Minnesota Department of Trade and Economic Development, March, 1993. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of St. Anthony's industrial park has approximately 25 small- to medium-sized businesses, each Minnesota's property tax relief system are: property tax levy reduction aids; the circuit breaker with employment ranging up to 50. credit, which relates property taxes to income and provides relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application f Labor Force Data by the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid, equalization aid, homestead and agricultural credit aid (HACA) and disparity reduction aid. March, 1993 March. 1992 ' Civilian Unemployment Civilian Unemployment The homestead credit, a direct subsidy by the State to the taxpayer which was available to Labor Force Rate Labor Force Rate residential and agricultural homestead properties in prior years, has been omitted and is now accounted for in the designation of lower class rates. Hennepin County 613,222 4.2% 591,324 4.6% Ramsey County 269,781 4.3 260,449 4.8 Levy Limitations State of Minnesota 2,468,177 5.8 2,378,598 6.2 Historically, the ability of local governments in Minnesota to levy property taxes was controlled Source: Minnesota Department of Jobs and Training. 1993 data is preliminary. by various statutory limitations. These limitations have expired for taxes payable in 1993 and future years, but may be reinstated in the future. Under prior law the limitations generally did II-2 - 9 - CITY TAX RATES, LEVIES AND COLLECTIONS not affect debt service levies. For county governments, cities of 2,500 population or more, and smaller cities and towns that receive taconite municipal aid, taxes could be levied outside the overall levy limitation for, among others, bonded indebtedness and certificates of indebtedness, Tax Capacity Rates for a City Resident in Hennepin County unfunded accrued pension liability, social service programs and the residual income 1992/93 maintenance program for which the county share of costs has not been taken over by the For State. 1988/89 1989/90 1990/91 1991/92 Total Debt Only Hennepin County 27.101% 27.916% 30.114% 34.327% 35.839% 2.294% Debt Limitations City of St. Anthony 15.218 16.852 21.296 19.972 23.479 1.059 All Minnesota municipalities (counties, cities, towns and school districts) are subject to ISD 282 (St. Anthony) 59.728 33.188 58.686 53.664 61.122 -0- statutory "net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net Special Districts* 5.797 5.631 7.365 5.996 6.042 0.794 debt is defined as the amount remaining after deducting from gross debt the amount of current revenues which are applicable within the current fiscal year to the payment of any debt and the Total 107.844% 83.587% 117.461% 113.959% 126.482% 4.147% aggregation of the principal of the following: * Includes Metropolitan Council, Regional Transit District, Mosquito Control District, Hennepin Parks, 1. Obligations issued for improvements which are payable wholly or partially from the Park Museum and County Regional Railroad Authority. proceeds of special assessments levied upon benefited property. NOTE: For property taxes payable in 1989, taxes were determined by multiplying the gross tax capacity 2. Warrants or orders having no definite or fixed maturity. by the tax capacity rate, expressed as a percentage. This replaced the use of assessed value 3. Obligations payable wholly from the income from revenue producing conveniences. multiplied by mill rates. Beginning with taxes payable in 1990, net tax capacity has replaced gross tax capacity as the basis on which taxes are levied (see Appendix ll). 4. Obligations issued to create or maintain a permanent improvement revolving fund. _ 5. Obligations issued for the acquisition and betterment of public waterworks and public r C' Tax Levies and Collections lighting, heating or power systems, and any combination thereof, or for any other public City convenience from which revenue is or may be derived. Collected During Collected Amount Collection Year As of 12-1-92 6. Certain debt service loans and capital loans made to school districts. Levy/Collect of Lew Amount Percent Amount Percent 7. Certain obligations to repay loans. 1992/93 $1,694,638* (In Process of Collection) 8. Obligations specifically excluded under the provisions of law authorizing their issuance. 1991/92 1,618,684 $1,575,006 97.3% $1,575,006 97.3% 9. Debt service funds for the payment of principal and interest on obligations other than 1990/91 1,585,003 1,543,639 97.4 1,554,273 98.1 those described above. -= 1989/90 1,497,267 1,476,915 98.6 1,490,421 99.5 1988/89 1,251,225 1,229,744 98.3 1,250,246 99.9 Levies for General Obligation Debt * The 1992193 gross tax levy includes $205,739 of Homestead and Agricultural Credit Aid ("HACA") (Sections 475.61 and 475.74, Minnesota Statutes) The net levy of$1,488,899 after subtracting HACA is the basis for computing the 1992193 tax rates. Any municipality which issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the FUNDS ON HAND amount needed to pay principal and interest when due. As of April 30, 1993 Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is Fund Cash and Investments without limitation as to rate or amount. P General $ 266,677 Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) Special Revenue 735,559 , "Fiscal Disparities Law" HRA Fund 687,225 Capital Equipment (72,272) The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as Debt Service 153,973 "Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the Capital Projects 940,915 increase in commercial-industrial (including public utility and railroad) net tax capacity valuation Community Center (16,556) since 1971 in each assessment district in the Minneapolis/St. Paul seven-county metropolitan Enterprise 4,943,909 area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott, Investment (13,471) excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax Retirement 165,759 base. A distribution index, based on the factors of population and real property market value per capita, is employed in determining what proportion of the net tax capacity value in the area- Total $7,791,718 wide tax base shall be distributed back to each assessment district. - 8 - II-3 o U~m D7 ° ° => O 0' p N CD p NOO CS p0 m0 Cc p N 03 o oO Z O 0 m m s m - N H > N H Annual Debt Service Payments Including this Is sue (continued)i m C3 m m > � ° m > d r W} n O 0 m s m C M m m W O 0 .-0 v o > > po s N ° o m o g 2 N. W T `W ` ` ° ° H N ° G.O. Debt Supported. E N N y ow M - by Revenues Revenue Debt O >0 O H O O > 0$ O _ 0m m�Z m � Principal Principal y 0 (�j m N 0 M N (0-00 0 m C p Q m m m m °o N ° m c o > E >O O O O O O — m E r N— Year Principal & Interest Principal & Interest(a) a) > X X X> X X > owuLU WgW W otw o CL 2 � Q LL W M LL Z W W W LL W Z U Z a Z 1993(at 5-2) $904,703 $1,218,286.25(b) (Paid) $ 14,381.25 ° o, W, o o 0 1994 35,000 39,637.50 $ 70,000 87,775.00 0 °oo moc° �v°° `°''.� v � o O o. o o 0 0 O o 0 o — � 6 0 ° 1995 35,000 37,345.00 80,000 94,575.00 LL �N —Np o , 1996 80,000 90,875.00 > °0,ri L D as N V Y N coo m >>; `o m m m m m 07 m Q m N o 1997 85,000 91,850.00 m�O�m w W m g > ° g om> g o'A go m m o W v,U 'C\j N m 1998 90,000 92.362.50 Q U o �C O O N rW o - N 0 0 E °p 0 ° 0 C E V m $ m W co W E Total $974,703 $1,295,268.75 $405,000 $471,818.75 ZN N m 0 m �4c� mcu?N N o° tom � m mm oo ;;S� E a > C O O O> N U U a -> U O° > -> 0 E �In w 6� Lb w 2 mu'5u5 g—2 m g m o o � (a) Includes this Issue at an assumed annual rate of 5.20%. f- LL Z W M LL Z W W W LL W Z U 7 Z w o o a H (b) Includes Capital Appreciation Bonds with a total maturity value of$1,185,000, which amount will be o 0 0 Q N v c o W o paid at maturity on July 1, 1993 from investments currently held by the City in the Water Utility Fund. O 00 00 OOH— *,T — '0 Np U) O 0 N Q o a, p o o p a m C .= M p U) OMi —NO O� hO m0 °, i d � O (n O � m O c W m N N 0 N m m > O— ism >2> o m m is m m m is ,, 2 °- Indirect Debt �Q m} W+ > US go gN-6 '*N Q\ O W16 w O U o o a w;N M W N M y N 2 m°o 5 o y Debt Applicable to goy tam o p�M ; oM ; m � ; APPENDIX III General Obligation Debt Supported by Revenues and Special Assessments FINANCIAL STATEMENTS Principal Date Original Final Outstanding Excerpts from the City's annual financial statements from the years ended December 31, 1992, of Issue Amount Purpose Maturity As of 5-2-93 1991 and 1990 are presented on the following pages. The City's financial statements are audited annually by an independent certified public accounting firm. Governmental funds and 7-25-88 $874,703 Water System (Capital Appreciation) 7-1-1993 $874,703 expendable trust funds are accounted for using the modified accrual basis of accounting. 10-1-88 210,000 Sewer Revenue 10-1-1995 100,000 Proprietary funds are accounted for using the accrual basis of accounting. The readers should be aware that the complete financial statements may contain additional data relating to the Total $974,703 information presented here, which may interpret, explain or modify it. Revenue Debt Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 5-2-93 10-1-92 405,000 Liquor Store Refunding 1-1-1998 $405,000 Annual Debt Service Payments Including this Issue G.O. Debt Supported by Taxes G.O. Debt Supported and Special Assessments(a) bV Tax Increments Principal Principal Year Principal & Interest Principal & Interest r 1993 (at 5-2) (Paid) $ 5,316.25 (Paid) $ 55,077.50 1994 $ 85,000 93,061.25 $ 330,000 430,617.50 1995 110,000 145,694.00 355,000 435,592.50 1996 30,000 51,366.00 375,000 433,842.50 1997 30,000 50,376.00 400,000 435,405.00 1998 30,000 49,296.00 220,000 236,240.00 1999 30,000 48,126.00 30,000 37,945.00 2000 30,000 46,881.00 35,000 40,100.00 2001 30,000 45,576.00 40,000 41,780.00 2002 30,000 44,211.00 2003 30,000 42,786.00 2004 30,000 41,316.00 2005 35,000 44,801.00 2006 35,000 42,981.00 2007 35,000 41,108.00 2008 35,000 39,183.00 2009 40,000 42.240.00 Total $645,000 $874,318.50 $1,785,000 $2,146,600.00 - 6 - III-1 I I 11 1 1 _ 1 I 11 1 A M 01(Y W a 00 Q m00,10 1 0 11 O N1007Q O I Q I O X07 m0, I aD 1 0 11 I NQ NNOO O /p A 1 O) 11 G 10 OOOO 1 tD 1 mr CO N rO I m l 07 11 I ID 07 O)1�070)In 00,100,m I Q 11 10071007100 1 01 1 1�m NN r-r- t O I Q 11 �;o l ;; e a 0,o o ; � l a V N o m I N I ;; Ten of the Largest Taxpayers in the City ^ 101 Q LL7OAOQ mOI 1D LLlmN 110 11 Nm QQW) 1 10 1 M 0,O OO 1 0, 110 11 "I�N QM�NO7Q I O, 11 O,NfO�Ct 1 11 1 AN 0,O �Q 1 10 107 11 - - - w . . 1992 Net C 1 10 Q V N l m 11 Q I 10 1 N N N N I N l m 11 O 1 w I u 1 I I I n ^m 1 t I w u 1 1 1 I w u E 1 11 1 1 1 Taxpayer Type of Property Tax Capacity 0 1 o r_ 1 11 1 O C I I 1 1 I 11 H m l 10 rO7OQ O7O ti 07100,N 1 0 11 10A NO7�O I 01 1 /�O /'/O O1[, 1 1 0 11 0011 079.0 V m N 1 tp 11 Q OQ1�0,0 I O 1 m� r 0 �� 1 O I m 11 1�- o� % N Q 1� , ­t:: �,o m Q o o , I m A m 1 , e 11 Apache Plaza Investment Company Shopping Center $ 534,642 I N N 10 m100/'7 NQ�0,0,0 1 m 11 Q 0710070,O I m I P70 1D 10 1'1 P1 1 OI I b 11 I a m 9 O a l0 0 m Q°O m I _ 11 °",1_,�9 to I A I m m Q° c, , m I 11 Glaser Financial Group Inc. Apartment 249,516 1 0 T IONA O7 N�NO07 1 11 N1'1 Q O 1 N I I+N Ot OQ 1 1� 1 11 - - - 1 - I Q Q 1 0, II 1 In I N Q c' St. Anthony Nursing Home/Chandler Place Health Facility 202,552 m N N �„ °° n ;; Equinox Properties Apartment Buildings 181,390 ' € m N ' ° " Individual Commercial 141,479 1 O m O 1n I Q II Q 0 0 I Q I Q II N 1 m 1 -0 a° ' ° II 1 �0 1 O 1 ° 'I Firstar Bank of Minnesota Bank 109,902 Q I C 0,m /0 1 0 II nl l) 1 0 1 O 11 1 7 1 m c 0 0 M I Q u w N I '11- I '11-II O , ° O - - I - 1 1 Northern Gopher Enterprises, Inc. Apartment Buildings 104,328 L I J ^ I N 11 N I N I N 11 O 1 M I w 11 1 1 w II j Northern States Power Company utility 103,114 o ; ;, N ; „ ;; ; „ ; „ St. Anthony Minneapolis, Inc. Commercial 77,166 U t L m o 1 -11 I - I - II 11 I m X m ° 1 ° II ° , 0 , O 11 Individual Apartment Buildings 72,443 Q 1 C— N c I c 11 C I m I m 11 1 m LL N N I N 11 N I N I N 11 I O Q I - 11 1 - I - 11 1 N I 11 N I N I N w ' w N " w ' ' w 11 11 Total $1,766,532" I I 11 1 I I 1 11 N I 07 I m 11 O I O I I I I m 11 I Q I 1 I Q 11 11 I m U 10 I 10 11 10 1 10 I 1 1 10 11 * , ��� _ „ . , _ „ Represents 29.710 of the City's iota! 1992 taxable net tax capacity. H 1 L > C N I N 11 N I N I I I N 11 I m L 7 A I 1� 11 1 r I I I r 11 S I N mLL 1 11 11 1 1 -- 11 c l a n w I w u w 1 I 1 I w u LL I I 11 1 1 1 1 11 T I I 11 I I I I 11 L 1 m OIrN fb�Q10 I N 11 0,0107 I m l Ol 0,O 1 10 I N 11 2 m ' m N� m 1_° 1 N " m°�, ' ^ ' m �, ' ° ' N " CITY INDEBTEDNESS 1 r N tO Olm ^�O,h I Q II 10NN O I N I m O� I N I Q 11 m l L I -11 , - 1 t _' I - 11 I 4 C Q 10 Q Q N 1 10 11 10 N� Q I Q I N m m 1 1 N 11 L I L 7 co O,Q m cc V 1 10 11 OIQ1" 10 I N I 0 Q01 I N 110 11 G 1 m LL m 10 N 0) 0+ I t2 11 10 I 1 A O I N 01 1 0 1 II a7 w 1 -11 w^ I - I L 0. 1 1 W C Legal Debt Limit M ° Q"'° " °° ' ° ' °'N ' ' ° " Legal Debt Limit (2% of Estimated Market Value) $6,047 358 I ^++ /a O 01 e-1 r 1 07 11 O 1 I 1�T I ti I m II , I m U N ao n m O, I Q 11 m r 10 I I O, I Q 11 ' " m° '_'_' -" - - - - ' - 1 -" Less: Outstanding Debt Subject to Limit (175,000) 1 a 0 7 40! N 1°p 0 I m 11 01 aD I m I 0o I c" 1 10 11 I Q 11 m 1 07 1 0,m l ¢, I Q n I m L LL O N I N 11 w N I N I m 0 I O, I N 11 I U ct I -11 - 1 -n I N I M 11 I I I N I M 11 N , w ,I I I 1 w 11 Debt Margin as of May 2, 1993 $5,872,358 1 I 11 I I 1 I 11 N I N W m I Co 11 W I O I N 1 0) I m 11 W l m 0) Q O7 1 Z 11 0) , O7 I 07 I m l 11 O. I U N ^ 07 m , ' 11 m 1 m I O I tD a i a>c m 1n 1n i r• ii 1- i .- i o, i o+ 1 8 L Ol r N 1 0 11 1 1 10 1 m 1 o u mLL �, �, N 11 I I ° I ° I N ,I General Obligation Debt Supported by Taxes and Special Assessments 0 C 1 10 w I -11 w I I I - I -II Principal 2 1 I 11 I 1 1 I 11 ', 1 w, I N " Date Original Final Outstanding O ♦7 1 .- m O, O)N 1 10 II m I O I m 1 !O 1 10 11 U C I m 7 N 0) A 10 I N 11 I I O I O I N 11 U I C - - I - 11 - I - 1 - I Q I U m C m N I N 11 LL7 1 10 I I A I N 11 , „ „ w of Issue Amount Purpose Maturi ty As of 5-2-93 0 L I m LL 10 I 10 11 1 I aD 1 10 I aD 11 Z m l h¢ A I w w u > I 1 U 1 I 1 1 u W N ° ; ; ;; ; 4-1-90 $315,000 Equipment Certificates' 2-1-1995 $175,000 �» 1 m WV ") - I ° „ meow I ° I o� lml '° �� z * a ° m N ^ „11 , ° m m , m , 8-1-93 470,000 Improvement Bonds (this Issue) 2-1-2009 470,000 QO 1 L C O 100! In O 1 0 11 M c'D I O I LLYQ I O I O 11 •007 1 C LL O7 ^N N N I O 11 Im I N I N r I t0 1 0 11 LL I m w 1 1 -II Total $645,000 J W I I N 11 I 1 1 I w 11 W ° N This issue is subject to the statutory debt limit. > 1 U H W U W O N M LL W N N m T m m Q m x ^ N m C N -�d Co 'N W H J m N c m 0 x ^ tl' X Lu ° N m > m N y L g m General Obligation Debt Supported by Tax Increments Z m m > a+ < O O T� LL N ° ¢ m 0 ` L O J N ^ _° T Principal a I U m mvma z a m ` t W o m - ` Date Original Final Outstanding W N N N L a., C O N V m m N O w'o o v c r > o v a .+ c N a W 0 g ` L a ` > o c e > m m ` �_ m ° W of Issue Amount Purpose Maturi As of 5-2-93 Z O m m C 7 0 N m O ' 7 7 E D m 0 c 1 1n m CI = m O LL O O C m L 1n O .-- CLL C U m.+ a O o>1 L >O m L m m m Q c c C Z N N O N L L C a m W ^H r L V m 7 m Q m m O N m m a+ N m m m a+ m >1 m m lo I J m m U m LL s7 > >v > mttoe�—a o - nm¢rola m.+WV > cv > o ° S - N m a �, N . >'_ - >.� c m L m m L 6-1-85 $ 545,000 Tax Increment 2-1-2001 $ 235,000 m O a J a.l ~'d m L m m L N a7 ' ' 0 9 < N ; ; L-° N L Q m m o m 1-1-91 1,550,000 Tax Increment Refunding 2-1-1998 1.550,000 Q m o c m L L♦7 r L M1 as J O L m '0 m W a., m m m C v m C N m u x O m m > m 0 0 0 Q m<4 G C m O c U w 6 LL Total $1,785,000 III-2 - 5 - T 40 M C+Q ^ ^ -^ t0^01 l'> II t0 O^ ^^ o I C1 1 ^ M Q N 1f1 IA 10 1 Q I C'1 1 I N Q M1 O f'I N O o I M1 I N f'1 N 0 CITY PROPERTY VALUES � " p M1 m m ID 10 M1 01 m 1"1 m^ O I M1 O^17,�10 O l m l C�V N O ^ 1 m ; ^ 1 01 N m m 1'1 M1 m t7 M1 ^ m O^ I I'1 ; c N m m 10 M1 1 Q I COO+ 1A a, m Z0_ I Y 1 01 O T N ul eQ N r'1 ID I M1 n N ID 1"1 I CO I CO C, m 01 C1 ^ I m I M1 I O 1992 Indicated Market Value of Taxable Property: $317,696,548* q !' 1 1 0C * Calculated by dividing the county assessors' 1992 estimated market value of $303,717,900 by the � N I M1 O+OtM1��M1 Q 10OC+m 1 0 11 O Ntn t"1 Q O I Q I ^O ^t'1 m L I N C N N ID O m 10 ^tp M1 1 1") II c0 m 0 0 0 t0 1 m M1 m N M1 10 I 10 I O II O I m n n M1!7 M 10 O O+10 C1 m i Q II m n 1(1 n YY O j � 1 M1 m N N M1 - i O I Q II aggregate 1991 sales ratio of 95.6% for the City as determined by the State Department of Revenue. E 1 (The 1992 sales ratio is not yet available.) v Q °° " °" ° ° N E I 01 Q ✓1 m M1 10 Q m C1 10 1A 10 N 1 10 I O ID C C 10^ 10 I C1 O.O O m .-� I C1 t0^ N ^ Q C�1^ N!7 Q t� l Pl N t0 ^N M1 I M1 N C1 C ^ Q I I C7 I , ^ _ _ I N I I I I 1992 Estimated Market Value of Taxable Property: $303,717,900 I I C+10 I I!f O O In N 1 I E m M1 1 10 1 10 0 o Hennepin County Ramsey County Total " o° 1 1 I ^ I l0 0)+� 1 - I I I-D C1 Q I Q I Q O O I Q 1 C Real Estate $219,530,900 $81,493,000 $301,023,900 ^ 1 Eno N 1 " O. I C Q ^ I I 7 i 0 C Personal Property 1,833,000 861,000 2,694,000 O 0 O ° I Total $221,363,900 $82,354,000 $303,717,900 O I M1 I M1 M1 V ^ Q 1 L O) d O+ I C+ I 1992 Taxable Net Tax Capacity: $5,947,392 I N I N N I N I 1992 Net Tax Capacity $6,361,736 ^ V IO L M1^q "C l M1 00 ° Less: Captured Tax Increment Tax Capacity (665,420) m O o O 0O. N 0 N 1 U I 1 I I I m tN 10 n I Contribution to Fiscal Disparities (607 465) ) Q m O, O O Plus: Distribution from Fiscal Disparities 858,541 C 1 O 0 1 m 1992 Taxable Net Tax Capacity $5,947,392 a M1 N M1 Om q I�l , N ^ o„ o, I rn � ^ m I v+ 1 0+ 1 0 l a+ 1 I rn ^ o0 0+ 1 0l n 1 Q 1 - o 1 10 1 0l N t0 N O^ O I ^ - ; 1 Z I N N I Q I ^ 1992 Taxable Net Tax Capacity by Property Class N 1 M V N - - I - II i m , O O I O I M1 0) I Y 0! m M1 O m n I M1 m 1 M l o l I O T 1 O. O 7 Cf t-1 1 ,1"1 11 q Q I 11'1 I - N I C1 1 1A I ti I 41 Real Estate: Residential Homestead $2,898,767 48.7% Non-Homestead Residential 1,136,997 19.1 Commercial/Industrial, Railroad and 1 ID 10 1()O i M1 I m N I ^ 1 z Public Utility* 1,783,521 30.0 _" ^ q 1 ~ I �'�� 1A C1 1 10 ii I I C1 m I 10 I b ;; Other 3,188 0.1 d > Q c m M1 Q 1 Q I O L O N I I I m I N I N 1 I y LL 1 I I - I - Personal Property 124,919 2.1 ^ ^ II ^ ^ I I I I � I Total $5,947,392 100.0% Reflects adjustments for fiscal disparities and captured tax increment tax capacity. CC C I U Ol C f'1 I c'1 I O I aC 1 0 1 U' 07 1 d > 7 10 I 10 I' 1(S I 1A I N I E I a 0)LL q I N I q 1 I q l r C I fn Z L I Trend of Values > ' O > I Assessor's a ° N m m ° ; m ;; °° ; m ; m N ; ° m N 10 T 1 1n 1 m Q O O 1 m I 1'1 m I N 10 I Indicated Estimated Taxable Tax ; W - 1 Market Value(a) Market Value Ca act (c') L C ;, a"M1 a m I ° y n 10 N .0 I N I Q m 11'1 Q I 1 N m 1 01 N 1 Y U) I C LL m 1 0 1 q I N I M1 I m l 0 1 _ o W^ I D 1992 $317,696,548 $303,717,900(c) $5,947,392(c) >° I I 1 1 1991 324,378,870(b) 310,106,200 6,495,623(e) a o 1990 332,032,967 302,150,000 7,018,833 1989 329,536,324 301,196,200 7,041,340 0 4 E LL J N C 1.L 1988 311,628,889 280,466,000 8,202,795 W " W 0 O r r O (a) Calculated by dividing the county assessor's estimated market value by the sales ratio determined for W < 2 F- QI C VI the City each year by the State Department of Revenue. m - L ` J w y m v0i 00i,0 O L O x (b) The reduction in indicated market value in 1991 is due primarily to an increase in the sales ratio from < ^ a a-,F = «o LL 91.0%in 1990 to 95.6%in 1991. d E v °'0 (c) The reduction in the 1992 assessor's estimated market value and the taxable tax capacity is due m > primarily to a reduction in commerciallindustrial property. E E W ° 0 C � a o ^ ° -^ LL E a° C a E E to m a1 LL c� o w a^ m ✓ ✓1 E U IC.�D a m 0 01 N O1 U C d 6 LL (d) See Appendix 11 for an explanation of tax capacity. - ° a d U U W > > V > 0 L L 10 E^ ^ 'J' O W a W C L to O N Ol W > C L A O 0 V > L t0 > C1 Vi 0 r (e) The reduction in taxable tax capacity in 1991 is due primarily to a reduction in commercial/industrial r ° "°° _ " ' ° = ° " ° W ° = ° v ' ° 0 ' 0 - v a.� .�v a1 a J _ E a - In m L In v, property class rates for taxes payable in 1992. E E J c ° 7 ~ _ m m IV w C C.-+0_'^ 0 0 0 �-+ UI UI `+ O L J VI L Q L N.� N N L O C) 10 10 C 10 r+ L J CD^ O OJ a 0, W�+ 0) R1 OJ C 01 J u! 01 0) C Q V V- N L C > ++C 7 C L L O O1 V + O/ 0 4 7 7 .-I L V U N O O a� _0 O C 01 0 0 V K 01 O/ 01 > m 0 0 0 J 10 Q Q O O m 0 U CC LL M M V to O. > > = L E E U U Q r fn CI O d a Q Q J LL - 4 - III-3 TABLE OF CONTENTS Page(s) Terms of Proposal "i Schedule of Bond Years ........................................................................................................... iv IntroductoryStatement .............................................................................................................. 1 Authorityand Purpose .............................................................................................................. 1 Securityand Financing ............................................................................................................. 1 FutureFinancing ........................................................................................................................ 1 Litigation ..................................................................................................................................... 1 Legality ....................................................................................................................................... 2 TaxExemption ........................................................................................................................... 2-3 Bank-Qualified Tax-Exempt Obligations .................................................................................. 3 FinancialAdvisor ....................................................................................................................... 3 Rating .......................................................................................................................................... 3 Certification ................................................................................................................................ 3 CityProperty Values .................................................................................................................. 4-5 CityIndebtedness ...................................................................................................................... 5-7 City Tax Rates, Levies and Collections ................................................................................... 8 Fundson Hand .......................................................................................................................... 8 General Information Concerning the City ................................................................................ 9-10 Governmental Organization and Services ............................................................................... 10-11 Proposed Form of Legal Opinion ................................................................................... Appendix I Summary of Tax Levies, Payment Provisions, and Minnesota Real Property Valuation ............................................................................ Appendix II Annual Financial Statements .......................................................................................... Appendix III ProposalForms ............................................................................................................... Inserted I N Q 1_ O f"1 N O O O CD^ I l m l I N m O O Q m 0 O+ O+m OI O N i _C1 i - o o m o CITY PROPERTY VALUES _m <N ID m ID I_ Q I w C N� m tD v l m 1 0 1 (-)N ID i m i m 0 m 17, ^ I ✓� I N n — N I I I N C) < N I ~ 1 I I I 1992 Indicated Market Value of Taxable Property: $317,696,548' E I I I I J I Calculated by dividing the county assessors' 1992 estimated market value of $303,717,900 by the L ~ ~ °~° m ' ° " °N 0< ° Q ' -° - ° t2 I I ° II I N< N N t0 O m�n� ^ �I_ I � II �m 0 0 0 1 m I m~ tp N ILl I �O I n II O i O i Q II aggregate 1991 sales ratio of 95.6%for the City as determined by the State Department of Revenue. E 1 (The 1992 sales ratio is not yet available.) ° I - - < �Q~�~ - °°� Q 1 S I — < ;m y I Q m :_o I N I N I ID Q C .� I OI IA^ N ^ Q C')— N l-I Q I ("1 I O N z— I 1992 Estimated Market Value of Taxable Property: $303,717,900 O o I N I!1 1 Hennepin County Ramsey County Total I A N J < I < 0 0 I Q Q+ I Real Estate $219,530,900 $81,493,000 $301,023,900 1 N I Personal Property 1.833,000 861,000 2,694,000 Total $221,363,900 $82,354,000 $303,717,900 ; ; ° ° ;; ° ; ° 1992 Taxable Net Tax Capacity: $5,947,392 I I II 1992 Net Tax Capacity $6,361,736 ^ n ut m "° Less: Captured Tax Increment Tax Capacity (665,420) o0 o Contribution to Fiscal Disparities (607,465) n O ^m N- N O O Plus: Distribution from Fiscal Disparities 858,541 � 1 I O+O O Q 1 J LL w w I N I M ' m l 1992 Taxable Net Tax Capacity $5,947,392 LL ; '75 w ' a I I I I ^ I I cl 1 0 1 1 O O 1992 Taxable Net Tax Capacity by Property Class o y d)-D r m ° ' ° ' ° ' I — 1 Real Estate: Residential Homestead $2,898,767 48.7% Non-Homestead Residential 1,136,997 19.1 Commercial/Industrial, Railroad and C 1 ID LL'1�l1 O I I m N Public Utility* 1,783,521 30.0 =^" I ~ - I Other 3,188 0.1 N ' I � 7 I I d LL I — 1 ^ Personal Property 124,919 2.1 ^ ^ I w 1 w I w i 1 1 I 1 I I � I Total $5,947,392 100.0% I 1 I O I VJ 1 ^ ^ I t2 * Reflects adjustments for fiscal disparities and captured tax increment tax capacity. OI � t0 I 10 7 V1 1 � 1 I OI I OI I O� I E 1 Q (v LL W w I' w I I w l G I (n cr , I I Trend of Values > Assessor's < I O N m m O m l co m v O 0 C) I m m N I O l m l N O> I Q O 2 m I I IA 1 Indicated Estimated Taxable Tax e - - < ' ^ Market Value(a) Market Value Capacity(d) < L ° d 0 (p c I <ID < 1 I T (n I C LL m 1 0 1 w I N I m O I Z W— 1 Ol w 1 I I I � - 1992 $317,696,548 $303,717,900(c) $5,947,392(c) _' w 1991 324,378,870(b) 310,106,200 6,495,623(e) a o 1990 332,032,967 302,150,000 7,018,833 ° ~ 1989 329,536,324 301,196,200 7,041,340 0< E N LL J m N C L 1988 311,628,889 280,466,000 8,202,795 > I w =' o W y C ^ d '-O w C U (a) Calculated by dividing the county assessor's estimated market value by the sales ratio determined for the City each year by the State Department of Revenue. p7 L � O C N O L NO K (b) The reduction in indicated market value in 1991 is due primarily to an increase in the sales ratio from a a a° _ o a 91.0%in 1990 to 95.6%in 1991. (c) The reduction in the 1992 assessor's estimated market value and the taxable tax capacity is due primarily to a reduction in commercial/industrial property. > n m ..+ >^ w O E L, d N al U c 61 m N 10 - T L > L� r � a d 'O J tO > d d 10 N d Ol.+ VI t0^ v (n W T N d ^ W > (d) See Appendix 11 for an explanation of tax capacity. W > > ° > °r E- o a _ v W a > ° fn C d � N J J d W �O VI W J T C J T J G> L W d QI N J (e) The reduction in taxable tax capacity in 1991 is due primarily to a reduction in commerciallindustrial r ° "°° -J ' ° = " " a° ° ° -° = ' < < T.. -< ..+ J v v a J E ai L N tC L In v, property class rates for taxes payable in 1992. N E E T J^ _ ° ° 7 W^ E E 0 lC N C tO L J J m O L y 61 W d A d C'O N yl N d < U U w Ol L C > J C C C L O N U QI n O. 7 ^+ V V d 7 0 J 'D O C N 7 . mu >: 01 w w > d 0 c 0 m m V Q 7 7 C L E E 7 a << J LL - 4 - III-3 I I I I I I 1 1�0 ID N m Ill O N^Q�I I 17 I C)10^1p m 0 I m 10 m Q N ^�m N^m Q ' C '; O- - ° O 1 ^ 1 _O °- Q 1 10 1. limitation the calculations of alternative minimum tax, environmental tax or foreign branch I 1�f!7^Q 01 Q N 1�m 0 1� I O 11 N Q 17 O l m l 10 Ill N m Q^ I N O 11 O I Ill 11 O'-n r Ilf m l IO I m^ ti m O OI N I m I 1h 11 ^ 1 m M O —I � ^°1- ; 1' 11 �°m^m° 1 m ' �m ^� - 1 Q 1 " " profits tax liability or the inclusion of Social Security or other retirement payments in taxable T I Of P'f N^ ^Q Q N�-0 C9 01 I 17 N N^O N I N I m 1� m Or O I tD I T I - 0— 1 11 income. O I N I I I I I ^ YI I I N 1 I I I I N I E 1 I n 1 I I 1 n W J I ✓2 I O c L 1 Nr�017 N OON Q LL9 t'1N I m 1 f7N m N—O 1 1� 1 Nf7 N m N 1A^ I O l m l ° ' C°m°^° m °° ^ "°^1>0°° ' °' ' °° "" ° C" ' " ' ^ Bank-Qualified Tax-Exempt Obligations W I O �W 10 IO OI m h m m O I r` O—O n ID O l m l M V N O %) I m I 1� 'E 1 OI N m 17 1�m 17 ti^m m 0— I f'1 1 Q N ID m t0 2 I Q I 1h 01 YJ 2 m YJ v l m l A 1 Ili N f7 OJ I l� Cl N ID 17— I m m 0 m 01 T I m l l� I ^ - I " `° Prior to the adoption of the Tax Reform Act of 1986 (the "Act"), financial institutions were I N I I I I ^ 1 ^ I I N I 1 I 1 I N 1 generally permitted to deduct 80% of their interest expense allocable to tax-exempt obligations. j E El �, 0 o o j � ; ;; Under the Act, however, financial institutions are generally not entitled to such a deduction for 0 ` °° ~ N tax-exempt obligations purchased after August 7, 1986. However the City has designated the I ✓ 1 - - 1 - I " 1 ° ' " °^ ' "~ ' Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Code which O. I C O O <")m I OI 11 N Ip�- I 01 I 01 I I J 1 OI C N - I -11 - i - 1 would permit financial institutions to deduct interest expenses allocable to the Bonds to the 11 - I I 11 extent permitted under prior law. J I e7 1 0 1 t") I e7 I 17 1 o f c•1 I [7 1 V I h I t'f 1 V V I W V✓ Q I L 01 01 Q 1 Q 1 Q I Q I Q 1 1 0) X Vl Q1 I 01 I OI 1 O+ I O+ 11 I C^ to O 1 0i:: C 1 0 1 0 1 V'1 Q N I N 11 N I N I N 11 Financial Advisor I N I N I N I I I I 11 I I 11 T N ; m -:7 ~ m m"�,O- ; o ; - °" ~ ; ~ The City has retained Springsted Incorporated, Public Finance Advisors, of St. Paul, Minnesota, L O) I N m_ 1n O W Q I n Q m Q O " °- m^ ^ "°° °° - as financial advisor (the "Financial Advisor") in connection with the issuance of the Bonds. In 01~ I G L r m m m^CD Q Q Q O M ID I Q I OI -0 ` c -° ~m a ' m " ~ = ° ' ° "" preparing the Official Statement, the Financial Advisor has relied upon governmental officials I d J m N h 01 1 m 11 I N I m m 01 1 ID I m 11 o' ' LL N N _ ; " a 1 who have access to relevant data to provide accurate information for the Official Statement, L LL I W 1 1 I N 1 1 11 1 11 and the Financial Advisor has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. The Financial Advisor is not a public accounting firm and I 01 O^O N I N 1 OI Q I Q I m 01 I m I N 1 —✓ � m 1-°Io I m 1; ^ 1n 1 I- 1 ° � i m 1 m n 1n ' has not been engaged by the City to compile, review, examine or audit any information in the 01 1 ✓ C)•O N N 01 1� 1 '- N N I Q I — — N I N Q 1 '—' C ~ ; Official Statement in accordance with accounting standards. The Financial Advisor is an I N I N 11 I 1 I I N 11 independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities and therefore will not participate in the underwriting of the Bonds. In ^N N 17 I O I 1n N I m 1 ^ m I OI 1 1� 1 ✓ V h N I I I - 1 1 D — T 1 I 1 I m I T 1 1 QI > C C m C 1 I O I I O L J O I I 1 e7 m I I I - `� Rating I N 1 N 1 1 I I N 1 I I 11 I I I I 11 � I C I J I 1 I I ^ ' ° " I V' 1 ° " An application for a rating of the Bonds has been made to Moody's Investors Service In 1 ^ I ^ I N I m I m I ^ d I 01 IO Ip i Q I Q I I 10 ° m ' J " ("Moody's"), 99 Church Street, New York, New York. If a rating is assigned, it will reflect only O ✓ I C L O 1 0 1 N N I m I m l 0 1 C C I " " ' the opinion of Moody's. Any explanation of the significance of the rating may be obtained only E I n 01 LL N I N 11 I I 1 I N 1 C 1 1n C I I I 1 I from Moody's. U O U V I ^ I Q 1 N O!0 f7 I OI 1 CO m 0^ 1 1� I ID N m I N I 01 11 1 m O m N 10 I IA 11 Ip O 1fi N I Q I O N— I — I 47 11 ° ^ �,°- ° ;; Ic 11 O 1 - a N 1 m ; Q ;; There is no assurance that a rating, if assigned, will continue for any given period of time, or 2 tL0 - - I 1 I - - I Q 1 C O OI OI cp J ^ '" ^ W 11 ° N° ° 1 " ' ° ' " that such rating will not be revised or withdrawn, if in the judgment of Moody's, circumstances V1 I C LL I m 1 N I I 10 I IO I m 1 °> N ; r+ ;; ! N so warrant. A revision or withdrawal of the rating may have an adverse effect on the market z^ I I 11 I I 1 I 11 price of the Bonds. ~ LL C fA C E J w 1n E 1n LL J m ✓� y 1 O G S Y C L W O °J-� .� }_ LL✓ W Certification ~ O) C 0) � O In �✓ 0)C U In U W OI W V N N + 7 ✓•L✓ L y 2 � The City has authorized the distribution of this Official Statement for use in connection with the W W W - "✓ ° ° ° x initial sale of the Bonds. z ° n a W ✓ `o ° Oni In LL T Q C W C C —�w 2 O Ol ✓ J W U 0 J 0) Q a 2 0) E a/ 1 Q°a a ✓ m J m C C L W O) N C N -- ^ L Q y 0'0" L ✓ ° _ N N d _ a w As of the date of the settlement of the Bonds, the Purchaser will be furnished with a certificate ° QI C 0) O✓ c > N O ✓ C In E W J ° " d = ° ^ - J J E °° _ signed by the appropriate officers of the City. The certificate will state that as of the date of the o G m u ELLC�c°i m�✓aa w w m� cLL d L J m v✓ ul U LL Official Statement, it did not and does not as of the date of the certificate contain any untrue O W W 16 IA 01 0)✓ QI 10 d ✓ N m rt] N Ol O) A 01 V Ol 10 01 — ✓ v w > U > d o t 0 E > 2 O w a^z s 0 a m of✓w a > c a > N C Q1-� N✓✓ _a > _ ,n ✓ ° c ✓ ✓ ° v L „ °,N ✓ ~ statement of material fact or omit to state a material fact necessary in order to make the Vl C QI N O O - > O ~ O) N O O O O J O) > QI— > N^ d O Q U Q T�. Q ✓ .. ✓'D ! J r --S] E 0) L 01 M L N N 1 ~ E E ` T J✓ ` a ` ° J ✓ ` d I9 m d m m ` statements made therein in light of the circumstances under which they were made not w c C W o o •o c., In m J 1. L ✓ m - ° L In In L y1 L 0 IO L m O Q1 'u 01 w✓ 01 e0 Ol 1 1 �.n " 10 a=5 Q.- UU ~ „ °r >✓�� °C° misleading. U . V > O.. n J J ..S] V V O) J O✓ 7 0 C W J In V % d QI 01 > OI u1 0 0 0 J m Q G OOmO UC u m v m n J J c L ao E E � c�Ql-<n°o-.ac�a GG � LL III-4 - 3 - Legality 1 I 1 1 11 1 mNNl/f NACD 1 0 1 Q A OA Ilf H,A I P- I 1-- O I M1 Q , mmQ N f0M1� 1 LLY 1 AAA!'m 101[1 1 m l m O 09 m I I N 11 I M1OQO�mQ 11/- 1 AOO�mAHI 0- I b W 1 O CD I 0- 11 The Bonds are subject to approval as to certain matters by Dorsey & Whitney of Minneapolis, 1 - - - - - - - - - - - - - - - I - - •" 1 Q F.-W M 40 le 001 I m l W CV Q N 01 O, I 0- I. m m l N O 1 1'1 11 Minnesota as Bond Counsel. Bond Counsel has not participated in the preparation of this 1 N IA °N I m ' m m M1"Q Q ' M1 ' ° Q ' m 11 1 0) m m O N 1 0 1 Q W"- N N N 1 m I co N I Q 1 to 11 Official Statement except for guidance .concerning the following section, 'Tax Exemption," and ` ; = I C7 I ; r I ' ° ' Q 1' 1 M I 1 - I 1 1 I �► 11 will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has not examined m� I nor attempted to examine or verify, any of the financial or statistical statements, or data 011 contained in this Official Statement, and will express no opinion with respect thereto. A legal ` ' °M1 e °A 1 1 Q- M1 m p 1 Q e�O m m 1n Q 1 A 1 O 1�1 N�'f ID A I M1 I O O I O Q 1 O 11 I 01700-m 00 1 1'7 1 0-00/Ct)0-Q O I 1 N O 1 N 0- h l LLY 11 opinion substantially in the form as set out in Appendix I herein will be delivered at closing. _ , _ /o W m° 1 m I N O In N Q M1 M I M1 I 1 10 N 1 M1 11 v , 0- QD CIAO [hN I C0 1 N C"V-o-NN O I N I 10 P, 1 0- CO M1 I O 11 If- m <'- I 01 I 11'1�cn N Pf Cn I O I T I O Ij7 r' I IlY 11 I C7 i I Q 1 W 11 1 M 11 Tax Exemption M1 M1 A 1D I A I Q 01 Go A 1� � N 1 b 1 O Q CD A m I CD I A O I M1 t0 Pf I A 11 In the opinion of Dorsey & Whitney, as Bond Counsel, under federal and Minnesota laws, m ff ° 01 m ; I ° /�^Q ; ; N Of N Q N ; 0) y mV m� N 1 N I CDQCD hM1 1 0 1 N O I N O A I regulations, rulings and decisions in effect on the date of issuance of the Bonds, interest on the �, _ m 1 Q I N .-to N I N I N I a 01 A I 0 11 Q 0 7 N 1'1 I M1 I ^<") I In I N v 1 0- M1 I Or 11 Bonds is not includable in gross income for federal income tax purposes or in taxable net m L-LL a " I 1 1 I N 11 income of individuals, estates and trusts for Minnesota income tax purposes. Interest on the U a Bonds is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax. Certain provisions of the Internal Revenue Code of 1986 as Q N m I N I m I ° I Q I m a I 1' I' f Q Q to I A I M1 I A I 01 I 0- � N I co 11 0) O N an 1 0- 1 0 1 0 1 CD 1 CO 11 11 I O 11 amended (the "Code"), however, impose continuing requirements that must be met after the - r m e N ; N ; issuance of the Bonds in order for interest thereon to be and remain not includable in federal m > = A - ' ° ' m ' m ' - ' 1- Q M1 I m II O L 7 O I 1 1'1 I Go I A I A N 1— I O 11 gross income and in Minnesota taxable net income. Noncompliance with such requirements If W LL ; ; I 1 I r , 11 I ~ II by the City may cause the interest on the Bonds to be includable in gross income for purposes of federal income taxation and in taxable net income for purposes of Minnesota income taxation, retroactive to the date of issuance of the Bonds, irrespective in some cases of the N m m ; I Q ; Q ; N date on which such noncompliance is ascertained. No provision has been made for _ N Q I ° ' A ' A ' O 0 O m 11 0- O 0 1 0 1 O I C I O 1 O O I O 11 redemption of or for an increase in the interest rate on the Bonds in the event that interest on m ' - I I - 1 - - 1 11 W C 10 Q m I M1 l 0- 1 C, 1 M1 I M1 P O 1 A 11 4;0 1 In I C9 I C7 I I r' P1 O I 1() 11 Z > > M 1 t 1 I I In I t0 11 the Bonds becomes includable in federal gross income or Minnesota taxable income. < 0 U- M I I I 11 Interest on the Bonds is not an item of tax preference includable in alternative minimum taxable income for purposes of the federal alternative minimum tax applicable to all taxpayers or the LL A 10 m °A I ° I °N W 10 I n I I � ° I m to 01 Ip0co W m I lh l O NM1 Q m 1 N 1 O O 1 O N LLY I 10 11 Minnesota alternative minimum tax applicable to individuals, estates and trusts but is = < °_m c M1 ' °' ' °=°°=Q-° ' "' ' ° ' - ^ 1 10 " ,,,, m 9 .. _ , _ , I 1 I - 1 11 includable in adjusted current earnings in determining the alternative minimum taxable income �, L = m m A , �- I N N m N I Q 1 l0 1 —cc� M1 1 ° 11 m W 49 e0 I CD I P7 O CO In I m I m 1 10 O A I O 11 CO W N CLL N K) r � 1 0 1 C,000 1 0 1 1 40 0 of corporations for purposes of the alternative minimum tax and the environmental tax imposed ° ° m by Section 59A of the Code. Interest on the Bonds may be includable in the income of a 1 foreign corporation for purposes of the branch profits tax imposed by Section 884 of the Code °a ~ and is includable in the net investment income of foreign insurance companies for purposes of ' ` L LU am Section 842(b) of the Code. In the case of an insurance company subject to the tax imposed W Z Z LL U by Section 831 of the Code, the amount which otherwise would be taken into account as J o losses incurred under Section 832(b)(5) of the Code must be reduced by an amount equal to W Z W fifteen percent of the interest on the Bonds that is received or accrued during the taxable year. o W=W m N Section 86 of the Code requires recipients of certain Social Security and railroad retirement _W y= benefits to take into account, in determining the taxability of such benefits, receipts or accruals .. W o W ° L U =)0 > of interest on the Bonds. Passive investment income, including interest on the Bonds, may be W J W m o subject to federal income taxation under Section 1375 of the Code for a Subchapter S W corporation that has Subchapter C earnings and profits at the close of the taxable year if o o _ °'LL greater than twenty-five percent of the gross receipts of such Subchapter S corporation is m > = m > 0 ' passive investment income. Section 265 of the Code denies a deduction for interest on d,o ° indebtedness incurred or continued to purchase or car the Bonds or, in the case of a W m H: m If_3 °a m ' indeb p carry � c O ,, L L o c L- W c � m a, c m � ,-. w =., .. m c � 1.- financial institution, that portion of the holder's interest expense allocated to interest on the �, € m L m m •� O °-- a = ° Bonds, except with respect to certain financial institutions (within the meaning of Section 265(b) J m L - m E ° ° L w x p L 0 0. C 7 4- 7 C C O 'D C 7 E C W 01 41 V W 0) N U L m C L >. C7 U C tD O O m O S C = 0 m C O 7 O) 0)1- N C 0 O7 010 C L L m 7 W of the Code). m ° °' ` ` `" ` > > m" m " ° n _w " m L p7 0 L O m 0) 111 04- L L.- C— X � C U r > 0) W m = a Q O >'� C m IT c o m O C m > W W m C a 1/-0 U ^ U L IA 3 E L m O. /0 L m C C The foregoing is not intended to be an exhaustive discussion of collateral tax consequences ^r C ° U m 11- °^ m 0 m X T m " z C1 m CO N 1T m 0 �-- CO U U S >9 ; W W m 7 m L C L 0-N L 0 L r L O J.1 LL IA U m � 07 arising from receipt of interest on the Bonds. Prospective purchasers or holders of the Bonds = IV ° m o ` m m ° m Y 0 L J ° W L ° 0 L m C C U a+ 0 C L r C C d L L O.L 1- 0 m L 0 N O N > m c t u m I > > ao s- E m 0 > r- L m 0 v m v >vv)Jr+ULL 0 %vaall0►+O x0 aL.-~ XN � should consult their tax advisors with respect to collateral tax consequences, including without � W W o W I.L. I.L. -2 - III-5 11 OFFICIAL STATEMENT I N O I N r• N r I A I Q I Q �I� I n Q m ID I -- 1 � I I Q O I Q 11 I I� u)Q m ; 47 m 1 ID I m Q t` Q- - O I 1 Q I � O I I ID O 1 I m 11 I N m m "I Q � c I O I ID N N C7 N m I IA I Q I m 0 I m l f'f If1 I m II I O - I - I - - I - I - I - I I ^ I O> w c.m'o m r` m m I O I Q n v CI m N I N I T I N ID 1 m l OI I O I I T 1 fT m l'7 ID f`7 OI Q 1 I� I N O Q O Q fT I f1 I I In I ID I O C I Q 1 11 $470 I O ID C7 I I ID O ID N I ID I v l �"� I Q I Q 1� 1 II - 1 - I - I - 1 I I I , CITY OF ST. ANTHONY, MINNESOTA N E I I I I 1 I I I 1 7 I m+~� C ° L 1 I ID N ID 1 O O O Q GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1993A O ID IO Q N ID ID I IA I 1� r• O ID ID m I m l ID I O I'O I ID ID I 1 O II ID Q I In I r` 0 0 -- m � P7 I fA I u7 I Lo O m - I ID fD N Q N fT f7 I fT I f0 I IO I 17 O I co II 1 a, IA N In of O N I m I m m r� Q C7 Q 1 r` I m I Q I Q I O N I m 11 1 m fD t7 I O I Q .^') N N c7 1 m I I N I N I Q I In 11 I' Introductory Statement I I 1 1 I I I I I 11 This Official Statement contains certain information relating to the City of St. Anthony, I I I I ^ I I I I II m ' ° I ° Minnesota (the "City") and its issuance of $470,000 General Obligation Improvement Bonds f7 I O I O I ID m I t0 11 I I , t Q Q I N ' ° ° N , - , m ' ° I ° I Q m - ' ° " Series 1993A (the "Bonds" or the "Issue"). m U fn - - - - I - I - - - - , - I - I , I - - - +-' Ln I M I O I O 1 ID N I O 11 , 1!7 I I'1 O I O 1 . N O I C, I Q 0 7 N , to 1 N I I v I 1 I m I fA II W L LL W 1 I I 1 I I I - I - II U LL I I I I I I I I 1 I I I I I I I �A II Authority and Purpose I ^ I O ID N ID I Q m m I - II The Bonds are being issued pursuant to Minnesota Statutes Chapters 429 and 475. The C1 010 N IA I Q I f7 I O I 1 of Q I tD II 1 - - ' - ' - ' - ' - ' - - - " proceeds of the Bonds will be used for various street and utility improvements within the City. w+-_ ID r• N 1 O 1 I I r� I r m T I f0 11 Gl > C m � 1� I C I Q I Q I O I O � 1� 1 Q II O L 7 Q I 1f1 I 1 C7 I N I N ...� I N II The composition of this Issue is: d LL v - II I I I 1 1 I W II I I I I I I II Project Costs* $420,581 10% Contingency 42,369 N m ° Q Q I Allowance for Discount Bidding 7,050 Q m Q I ID I Co I m I m I m m I II N c t• 10 , Q 1 m 1 m I I ID ID I II m 7 En - - - 1 - I I - I ` I _ 2 m l Q Q N I (V A I ° Total Costs/Bond Issue $470,000 Z Q N LL N I I I I I u'Y I ID II J I I I I II Q I I I I I I 11 m Based on actual construction bids and includes engineering, administrative and issuance costs. o Z ^ I I I I I I I I II N M N r I m I Q ID ti r� ID I O I N 1 O t o I m N I O 11 LL � Q l7 m 1_>ID m IA I O I fT 1 O I O 1 O I N 11 Q r ° N ° ' ' ' Security and Financing - - - - - L C N f)K7 Q O O I m I In m N N 1� I ID I OI I ID I 1D 1 ID O I II d 7 m In O O 1 P7 1 m Q ID c7 t'1 I ID I N I Q I Q I fT I c-) II U) C LL 10 I fT I Q O I'7 I fT I I 1 1 IO 1 m 11 W fU - I - I - I - I I I I I W II ' The Bonds will be general obligations of the City for which the City pledges its full faith and Z fT N I I I 1 I I I I II credit and power to levy direct general ad valorem taxes. In addition to its general obligation pledge, the City also pledges special assessments against benefited property. Y ~ ¢ Z (n w Special assessments totaling $147,203 are expected to be filed on or before October 1, 1993 ~ _ =W for first collection in 1994. All assessments will be spread over 15 years in equal annual Z ~ LL U Q w Z <° principal installments with interest charged on the unpaid balance at a rate of approximately ~ w ~ LU m a Z W rC O L 1.5% over the rate received on the Bonds, in accordance with the policy of the City. Ad w W =w N y valorem tax levies and special assessments, if collected in full, will be sufficient to pay 105% of ' m W W C In ° ` the August 1 interest due in the year of collection and the February 1 principal and interest due uzo w Z " ' LL y the following year. W In m O > J W L G1 W J= In V In C 4~ N d t L a) C L N D N In a-+ 7 = m m Ix U C d'D O O C N ° = o E Future Financing LL c > ~ = L N v co o m d L w y Z In > ) C L C Q 7 O w L W N N > N N L c 01D c The City may issue approximately $2,000,000 of general obligation tax increment bonds within c E 41 a.l C In 7 �. In Ol C fU C ~ 1.- ~ ` m ` ° ° m w Q ° the next 12 months and undertake any appropriate cost-effective refundings. +� E N c L GI d E U Cn U L (A(n N LL V X >. L In a _ - o o D c c W M o d m a) U L S L >. Io U c a`i .� m E m L al N W Q w S E O 7 d d.� o c N d C O L N ^ L m D w 1Z1 O fn C c L LL > > y Y d Q V L H- L U m Cr L N m L O d Gl to O L y� c X C U w +J '� > fD W d a a ,n >w c m c� fn 3 m > w w d c rn o w 0 v ° Litigation o — a> o fn m 1.L — m aEi d D a c WE — o 'n f=o m m U fn m m N 01 (U m a� m V V S > (n m W m a.l m fy 7 N L-r C L m fn L yJ � L � L co Co o d U f11 d L o y O d"- Y d L° �! O N L 'y U Lm O n L m m ° m = r ~ _ L _ Q� N > L ° „ n ' ,� The City is not aware of any threatened or pending litigation affecting the validity of the Bonds 0 -9 07 d Q 1-C-1 ...1 d N 7 7 m a-+ .-E-i o N > y L Q fD D d � UfnJ ULLO Ix WLLO O WO ta0 % fn ? Is o W LL LL or the City's ability to meet its financial obligations. .o tv cn c� m c� Cr m Pr 0 v CITY OF ST. ANTHONY COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED DECEMBER 31, 1990 Totals Special Debt Capital (Memorandum Only) General Revenue Service Project --------------------------- Fund Funds Funds Funds 1990 1989 Revenues General Property Taxes $997,296 $12,817 $164,786 $47,984 $1,222,883 $1,435,069 Special Assessments 254 33,605 33,859 63,033 Licenses and Permits 67,842 67,842 78,086 Intergovernmental Revenue 611,996 5,550 16,391 633,937 748,551 Charges for Current Services 7,412 7,412 14,692 Fines and Forfeitures 98,757 98,757 105,115 Other Revenue 89,414 39,143 74,300 146,128 348,985 1,009,157 ------------ ------------ ------------ ------------ ------------ ------------ Total Revenues 1,872,717 57,510 255,731 227,717 2,413,675 3,453,703 ------------ ------------ ------------ ------------ ------------ ------------ Expenditures General Government 468,128 46,456 514,584 439,800 Public Safety 981,879 39,368 1,021,247 1,076,939 Public Works 389,235 212,042 601,277 426,520 Parks 35,533 9,812 45,345 34,230 Other 34,542 15,343 49,885 35,367 4 Improvement Costs 48,678 48,678 1,624,620 Debt Service 192,106 192,106 473,365 ------------ ------------ ------------ ------------ ------------ ------------ Total Expenditures 1,909,317 15,343 192,106 356,356 2,473,122 4,110,841 ------------ ------------ ------------ ------------ ------------ ------------ Excess (Deficiency) of Revenues Over Expenditures (36,600) 42,167 63,625 (128,639) (59,447) (657,138) ------------ ------------ ------------ ------------ ------------ ------------ Other Financing Sources (Uses) Proceeds from Sale of Bonds 312,811 312,811 Operating Transfers from Other Funds 100,000 56,000 156,000 217,736 Operating Transfers to Other Funds (42,736) ------------ ------------ ------------ Total Other Financing Sources (Uses) 100,000 368,811 468,811 175,000 ------------ ------------ ------------ Excess (Deficiency) of Revenues and Other Sources Over Expenditures and Other Uses 63,400 42,167 63,625 240,172 409,364 (482,138) Fund Balance Beginning of Year 627,412 476,022 1,085,356 1,552,710 3,741,500 4,223,638 Residual Equity Transfers (30,000) 30,000 - ------------ ------------ ------------ ------------ ------------ ------------ Fund Balance End of Year $690,812 $518,189 $1,118,981 $1,822,882 $4,150,864 $3,741,500 ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ TABLE OF CONTENTS Page(s) Termsof Proposal...................................................................................................................... i-iii Scheduleof Bond Years ........................................................................................................... iv — IntroductoryStatement .............................................................................................................. 1 — Authorityand Purpose .............................................................................................................. 1 _ Securityand Financing ............................................................................................................. 1 FutureFinancing ........................................................................................................................ 1 — Litigation ..................................................................................................................................... 1 Legality ....................................................................................................................................... 2 TaxExemption ........................................................................................................................... 2-3 _ Bank-Qualified Tax-Exempt Obligations .................................................................................. 3 FinancialAdvisor ....................................................................................................................... 3 — Rating .......................................................................................................................................... 3 _ Certification ................................................................................................................................ 3 CityProperty Values .................................................................................................................. 4-5 — CityIndebtedness ...................................................................................................................... 5-7 City Tax Rates, Levies and Collections ................................................................................... 8 Fundson Hand .......................................................................................................................... 8 General Information Concerning the City ................................................................................ 9-10 Governmental Organization and Services ............................................................................... 10-11 — Proposed Form of Legal Opinion ................................................................................... Appendix Summary of Tax Levies, Payment Provisions, and _ Minnesota Real Property Valuation ............................................................................ Appendix II Annual Financial Statements .......................................................................................... Appendix III ProposalForms ............................................................................................................... Inserted For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, this document, as the same may be supplemented or corrected by the Issuer from time to time (collectively, the "Official Statement"), may be treated as an Official Statement with respect to the Obligations described herein that is deemed final as of the date hereof (or of any such supplement or correction) by the Issuer, except for the omission of certain information referred to in the succeeding paragraph. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Obligations, together with any other information required by law, shall constitute a "Final Official Statement" of the Issuer with respect to the Obligations, as that term is defined in Rule 15c2-12. Any such addendum shall, on and after the date thereof, be fully incorporated herein and made a part hereof by reference. By awarding the Obligations to any underwriter or underwriting syndicate submitting a Proposal therefor, the Issuer agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Obligations are awarded copies of the Official Statement and the addendum or addenda described in the preceding paragraph in:the.,.,amount specified in the Terms of Proposal. The Issuer designates the senior managing underwriter of the syndicate to which the Obligations are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a Proposal with respect to the Obligations agrees thereby that ,if-.its: bid is accepted by the Issuer (i) it shall accept such designation and (ii) it shall enter - into a contractual relationship with all Participating Underwriters of the Obligations for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. _ No dealer, broker, salesman or other person has,been authorized by the Issuer to give any information or to make any representations with. respect to the Obligations other than as contained in the Official Statement or the Final Official Statement, and, if, given or made, such other information or representations must not be relied upon as having been authorized by the Issuer. Certain information contained in the Official Statement and the Final Official Statement may have been obtained from sources other than records of the Issuer and, while believed to be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND. EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE THE DATE THEREOF. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices to the Official Statement or the Final Official Statement, they will be furnished on request. OFFICIAL STATEMENT DATED JUNE 29, 1993 Rating: Requested from Moody's NEW ISSUE Investors Service In the opinion of Dorsey & Whitney, Bond Counsel, on the basis of laws in effect on the date of issuance of the Bonds, interest on the-Bonds is not includable in gross income of the recipient for federal income tax purposes or in taxable net income of individuals, estates and trusts for Minnesota income tax purposes, but is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax. (For a discussion of related issues see"Tax Exemption"herein) $470,000 City of St. Anthony, Minnesota General Obligation Improvement Bonds, Series 1993A Dated Date: August 1, 1993 Interest Due: Each February 1 and August 1, commencing August 1, 1994 The Bonds will mature February 1 as follows: 1995 $20,000 1999 $30,000 2003 $30,000 2007 $35,000 1996 $30,000 2000 $30,000 2004 $30,000 2008 $35,000 1997 $30,000 2001 $30,000 2005 $35,000 2009 $40,000 1998 $30,000 2002 $30,000 2006 $35,000 The City may elect on February 1, 2002, and on any day thereafter, to prepay Bonds due on or after February 1, 2003. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used for various street and utility improvements in the City. Proposals shall be for not less than $462,950 and accrued interest on the total principal amount of the Bonds and must be accompanied by a good faith deposit in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $4,700, payable to the order of the City. Rates shall be specified in integral multiples of 5/100 or 1/8 of 1% and must be in ascending order. The Bonds will be awarded on the basis of True Interest Cost (TIC). The Bonds will be bank-qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, and will not be subject to the alternative minimum tax for individuals. The Bonds will be issued in integral multiples of $5,000, as requested by the Purchaser, and will be fully registered as to principal and interest. The Bonds will be delivered without cost to the Purchaser within 40 days following the date of their award. The City will name the Registrar and pay for registration services. PROPOSALS RECEIVED: July 13, 1993 (Tuesday) at 1:00 P.M., Central Time AWARD: July 13, 1993 (Tuesday) at 7:00 P.M., Central Time Further information may be obtained from SPRINGSTE® SPRINGSTED Incorporated, Financial Advisor to the Issuer,85 East Seventh Place,Suite 100,Saint PUBUC FINANCE ADVISORS Paul,Minnesota 55101 (612)223-3000.